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No Hearing, No Justice: ITAT Remands 143(3) Appeal for Fresh Disposal

Case Law Details

Case Name
Sunita Aggarwal Vs ITO (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2015-16
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Sunita Aggarwal Vs ITO (ITAT Delhi) Tribunal noted that CIT(A)/JCIT(A), Kochi had passed the appellate order ex-parte while upholding AO’s additions framed u/s 143(3). Appeal was again called twice before Tribunal but none appeared. Tribunal observed that in the faceless hearing system possibility of communication gaps between Assessee & counsel cannot be ruled out. In the interest of justice Tribunal set aside the ex-parte order & restored the appeal to CIT(A)/NFAC for fresh adjudication with three effective opportunities, making it clear that Assessee shall plead & prove the ca...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,510

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