Case Law Details

Case Name : Nirmala Devi Vs ITO (ITAT Delhi)
Appeal Number : ITA.No.1498/Del./2020
Date of Judgement/Order : 22/12/2020
Related Assessment Year : 2010-11
Courts : All ITAT (7811) ITAT Delhi (1857)

Nirmala Devi Vs ITO (ITAT Delhi)

Learned Counsel for the Assessee contended that assessee has uploaded the demand notice as well as paid the fees for filing of the appeal which have not been taken into consideration and that only one notice was issued for which date assessee sought adjournment which was also rejected. Therefore, no reasonable, sufficient opportunity of being heard have been given to assessee to argue the appeal or to correct any objection raised by the Ld. CIT(A). In view of the above, it is clear that no notice have been given to assessee to make rectification to the appeal paper, if any arise on account of non-down loading the demand notice or fees for filing the appeal before the Ld. CIT(A). Only one notice was given to the assessee for which date Counsel for Assessee sought adjournment which was rejected. It would show that Ld. CIT(A) passed the Order hurriedly even without giving any meaningful, reasonable, opportunity of being heard to the assessee.

In case the required documents have not been uploaded, opportunity should be given to assessee to rectify the defects in the appeal papers. More over, the contention of the Learned Counsel for the Assessee clearly show that even such documents were uploaded for hearing. Therefore, the Order of the Ld. CIT(A) cannot be sustained in Law.

FULL TEXT OF THE ITAT JUDGEMENT

This appeal by Assessee has been directed against the Order of the Ld. CIT(A)-I, Noida, Dated 28.09.2018, for the A.Y. 2010-2011.

2. We have heard the Learned Representatives of both the parties through video conferencing and perused the Orders of the authorities below.

3. In this case, A.O. passed the ex-parte assessment order under section 147/144 of the I.T. Act, 1961 and determined the income of assessee at Rs.15,01,500/- vide Order Dated 15.12.2017. The assessee challenged the addition before the Ld. CIT(A) and various grounds of appeal. The Ld. CIT(A), however, noted that appeal is filed online. However, only Form No.35 is available on the website of the Department. The assessee has not filed copy of the demand notice and fees for filing of the appeal. Notice of hearing was given for 13.09.2018. The Counsel for Assessee requested for adjournment which was rejected. The Ld. CIT(A) accordingly dismissed the appeal of assessee as being not admitted on account of the reasons noted above.

4. After considering the rival submissions, we are of the view that matter requires reconsideration at the level of the Ld. CIT(A). Learned Counsel for the Assessee contended that assessee has uploaded the demand notice as well as paid the fees for filing of the appeal which have not been taken into consideration and that only one notice was issued for which date assessee sought adjournment which was also rejected. Therefore, no reasonable, sufficient opportunity of being heard have been given to assessee to argue the appeal or to correct any objection raised by the Ld. CIT(A). In view of the above, it is clear that no notice have been given to assessee to make rectification to the appeal paper, if any arise on account of non-down loading the demand notice or fees for filing the appeal before the Ld. CIT(A). Only one notice was given to the assessee for which date Counsel for Assessee sought adjournment which was rejected. It would show that Ld. CIT(A) passed the Order hurriedly even without giving any meaningful, reasonable, opportunity of being heard to the assessee. In case the required documents have not been uploaded, opportunity should be given to assessee to rectify the defects in the appeal papers. More over, the contention of the Learned Counsel for the Assessee clearly show that even such documents were uploaded for hearing. Therefore, the Order of the Ld. CIT(A) cannot be sustained in Law. We, accordingly, set aside the impugned order and restore the appeal of assessee to the file of Ld. CIT(A)-I, Noida with a direction to re-decide the appeal of assessee as per Law, by giving reasonable, sufficient opportunity of being heard to the assessee. Accordingly, appeal of the Assessee is allowed for statistical purposes.

5. In the result, appeal of the Assessee allowed for statistical purposes.

Order pronounced in the open Court.

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