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One notice, rushed hearing, delayed service: ITAT restores appeal citing breach of natural justice

Case Law Details

Case Name
Smt Suprobha Behera Vs CIT (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2015-16
Advertisement Smt Suprobha Behera Vs CIT (ITAT Delhi) Delhi ITAT  set aside the ex-parte appellate order &  restored the matter to the file of CIT(A) for fresh adjudication. Tribunal noted that assessment u/s 153C, arising out of search on Alankit Group, was allegedly not served on the assessee through any valid mode &  was received much later, whereupon the appeal was filed promptly. CIT(A) dismissed the appeal on the ground of delay &  proceeded ex-parte, issuing only a single notice with an extremely short time gap. Holding that sufficient &  effective opportunity of...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,940

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