2019 (3) TMI 360 - AT - Income Tax

Non proper representation by assessee - CIT(A) failure to grant reasonable opportunity of being heard to the assessee in violation of the principles of natural justice - assessee made a statement at Bar that this time the assessee would make proper representation before the lower authorities and pleaded for grant of one more opportunity of being heard to the assessee - HELD THAT - The assessee failure to attend before the CIT(A) is not proper. The appeal cannot be argued through written submissions. The assessee should have appeared before the CIT(A) in response to the notice issued by him. The CIT(A) should have in force the attendance of the assessee by issue of more notices for meaningful adjudication of the CIT(A). This kind of adjudication of appeals will only prefer the appeals before the Tribunal. With these directions, the ground no.1 raised by the assessee in both the appeals is remanded to the file of CIT(A). CIT(A) shall decide the issue afresh after granting a reasonable opportunity of being heard to the assessee in accordance with the settled principles of natural justice. Accordingly, the preliminary issue raised by the assessee in both the appeals is allowed for statistical purposes.

Summary

Issues:
Availability of deduction u/s 80P(2)(c) of the Act in respect of certain rental receipts under the head "Income from house property".
Failure to grant reasonable opportunity of being heard to the assessee by the CIT(A) violating the principles of natural justice.

Analysis:

Issue 1: Availability of deduction u/s 80P(2)(c) of the Act in respect of certain rental receipts under the head "Income from house property"

The appellate tribunal considered two appeals filed by the assessee for the assessment years 2013-14 and 2014-15. The core issue in both appeals was the availability of deduction u/s 80P(2)(c) of the Act concerning rental receipts from a property owned by the assessee. The Assessing Officer had taxed the rental income, denying the deduction claimed by the assessee under section 80P of the Act. The CIT(A) dismissed the appeal of the assessee, relying on a previous Pune Bench decision. The tribunal noted that the assessee had not attended the proceedings before the CIT(A) personally but had submitted written submissions citing various judgments of the Hon'ble Supreme Court. The tribunal, in its considered opinion, remanded the issue back to the CIT(A) for fresh adjudication. It directed that the case laws cited by the CIT(A) should be provided to the assessee, and the assessee should attend the hearing proceedings before the CIT(A) for a meaningful adjudication.

Issue 2: Failure to grant reasonable opportunity of being heard to the assessee by the CIT(A) violating the principles of natural justice

The tribunal emphasized the importance of the assessee attending the proceedings before the CIT(A) in response to notices issued. It noted that appeals cannot be argued solely through written submissions, and the physical presence of the assessee is crucial for meaningful adjudication. The tribunal held that the failure of the assessee to attend before the CIT(A) was improper and directed the CIT(A) to ensure the attendance of the assessee for a fair adjudication process. Consequently, the tribunal remanded the ground raised by the assessee in both appeals back to the CIT(A) for a fresh decision after granting a reasonable opportunity of being heard, in line with the principles of natural justice.

In conclusion, the tribunal allowed the preliminary issue raised by the assessee for statistical purposes and partly allowed both appeals. It dismissed the other grounds on merit as an academic exercise, considering the relief granted on the preliminary issue. The tribunal's order emphasized the importance of adherence to principles of natural justice and the necessity of the assessee's physical presence for effective adjudication of appeals.

This detailed analysis of the judgment highlights the core issues involved, the tribunal's reasoning, and the directives provided for further proceedings, ensuring a comprehensive understanding of the legal implications and outcomes of the case.