2022 (7) TMI 1363 - AT - Income Tax

Reasons for Not Attending the Personal Hearing - HELD THAT - We find that the assessee has reasonable cause for non attending the hearing before the ITAT. Respectful observation of the judicial orders in the case CIT, Madras v. S. Chenniappa Mudaliar, Madurai 1969 (2) TMI 10 - SUPREME COURT . The order was passed without adjudicating the ground of the assessee and the documents filed before the Bench. Accordingly, we are accepting the miscellaneous application filed by the assessee and the order is legal and we will fix for further hearing.

Summary

Issues:
Recall of ITAT order due to non-appearance of assessee during hearing.

Analysis:
The Appellate Tribunal ITAT Amritsar considered a miscellaneous application filed by the assessee seeking the recall of the order passed in ITA No. 479/Asr/2016 due to non-appearance during the hearing. The assessee contended that the order was passed ex parte as they were unable to appear before the Bench. The assessee provided reasons for non-attendance, stating that the notice of hearing was not received at the correct address, and the counsel appointed did not appear on the fixed date. The Tribunal noted that the assessee had a reasonable cause for non-attendance, citing judicial precedents in support of their decision. Referring to cases such as Tower Capital & Securities Pvt. Ltd. v. Asstt. CIT, Mumbai 2012 SCC Online ITAT 13714 and CIT, Madras v. S. Chenniappa Mudaliar, Madurai (1969) 1 SCC 591, the Tribunal accepted the miscellaneous application, acknowledging that the order was passed without considering the grounds and documents filed by the assessee. Consequently, the Tribunal allowed the miscellaneous application, setting the order for further hearing.

This judgment highlights the importance of providing valid reasons for non-appearance during a hearing and the significance of considering all relevant grounds and documents before passing an order. The Tribunal's decision to recall the order based on the assessee's reasonable cause for non-attendance underscores the principles of natural justice and fairness in legal proceedings. The reliance on established legal precedents further strengthens the Tribunal's decision, ensuring consistency and adherence to established legal principles. Overall, the judgment reflects a balanced approach in addressing the issue of non-appearance during a hearing and upholding the rights of the parties involved in the legal proceedings.