ITAT restored the matter to CIT(A) as order was by passed him in haste

Baker Technical Services Private Limited Vs ITO (ITAT Mumbai)– As per order of the Ld. CIT (A) the appeal was posted for hearing on 8.02.2010. On the said date, the assessee sought the adjournment. Again the appeal was fixed on 20th February 2010. But it appears that there was no response from the assessee. Nowhere, it is mentioned by the Ld. CIT (A) that notice was duly served on the assessee fixing the date of hearing. Otherwise also, no prejudice should have been caused to the Ld. CIT (A) if one opportunity would have been given. In our opinion, the Ld. CIT (A) has disposed off the appeal in undue haste. We, therefore, set aside the order of the Ld. CIT (A) and restore the entire matter to his file for fresh adjudication as per law after giving opportunity to the assessee of being heard.

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INCOME TAX APPELLATE TRIBUNAL, MUMBAI

ITA No. 3376/Mum/2010 – (Assessment Year: 2005- 06)

M/s. Baker Technical Services Private Limited

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