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No Proof of Mala Fide Conduct – Appeal Referred Back to CIT(A)

Case Law Details

Case Name
Late Prakash Chandra Virdi Vs ITO (ITAT Raipur)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2012-13
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Late Prakash Chandra Virdi Vs ITO (ITAT Raipur) No Proof of Deliberate Default—Natural Justice Requires One More Opportunity- CIT(A) Must Give Speaking Order Tribunal examined an ex-parte order passed by CIT(A)/NFAC due to Assessee’s repeated non-compliance. AO had completed assessment & CIT(A) dismissed the appeal ex-parte after multiple notices. Tribunal noted that although Assessee did not appear, there was no material to show any deliberate or mala fide non-compliance. Relying on Raipur ITAT Division Bench decision in Brajesh Singh Bhadoria & Bombay HC ruling in Vijay Shrinivas...
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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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