9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (4) TMI 651 - AT - Income TaxRectification u/s 154 - rejecting the claim of deduction u/s.54G on the ground that since there is no claim in the Return for deduction u/s.54G, rectification of the intimation for granting the said deduction u/s.54G does not arise - CIT(A), without considering the written submissions with the enclosures of 105 pages filed before him and without giving adequate opportunity to the assessee, and without notifying that there was a delay of 462 days in filing the appeal etc., dismissed the appeal exparte and also dismissed the appeal on technical ground as the assessee has not attached the order under dispute along with the demand notice and appeal fees paid. HELD THAT - CIT(A) dismissed the appeal without giving effective opportunity to the assessee. In the facts and circumstances of the case, we set aside the order fo the learned CIT(A) for a fresh examination. The learned CIT(A) would give an effective opportunity of being beard to the assessee on the issue of belated filing of the appeal. In case, he condones the delay, the ld. CIT(A) would adjudicate the issues on merits. In case, he is not condoning the delay in filing the appeal, after giving effective opportunity, he shall pass a speaking order.
Issues:
1. Appeal against order of Commissioner of Income Tax (Appeals) 2. Claim of deduction u/s.54G of the Act 3. Dismissal of appeal by CIT(A) on technical grounds 4. Adequate opportunity of being heard Analysis: Issue 1: Appeal against order of Commissioner of Income Tax (Appeals) The assessee, a company engaged in manufacturing, filed an appeal against the order of the Commissioner of Income Tax (Appeals) for the assessment year 2007-08. The appeal was made challenging the rejection of the claim of deduction u/s.54G of the Act. The Assessing Officer had passed an order of rectification rejecting the claim based on the absence of the claim in the original return. The appeal was filed against this decision, highlighting the need for a proper examination of the case. Issue 2: Claim of deduction u/s.54G of the Act The Assessing Officer had rejected the claim of deduction u/s.54G of the Act, stating that since there was no initial claim in the return, rectification for granting the deduction did not arise. The appeal was made to challenge this decision, emphasizing the importance of considering the claim and providing a fair opportunity to present the case effectively. Issue 3: Dismissal of appeal by CIT(A) on technical grounds The learned CIT(A) dismissed the appeal without giving adequate opportunity to the assessee. The dismissal was based on technical grounds, such as the failure to attach the order under dispute along with the demand notice and appeal fees paid. The appeal was dismissed exparte, raising concerns about the lack of proper consideration and notification regarding the delay in filing the appeal. Issue 4: Adequate opportunity of being heard The assessee argued that the learned CIT(A) did not provide a reasonable opportunity of being heard while disposing of the appeal. It was highlighted that despite submissions and re-fixing of hearing dates, the order was passed without addressing the merits of the issue. The Tribunal set aside the order of the learned CIT(A) for a fresh examination, emphasizing the need for effective opportunity of being heard and a proper adjudication of the issues on merits. In conclusion, the Tribunal allowed the corresponding grounds of appeal, stating that the appeal of the assessee was allowed. The order pronounced on 13th February, 2020 at Chennai highlighted the importance of providing a fair opportunity for presenting the case and ensuring a thorough examination of the issues involved.
|
