Income Tax Appellate Tribunal - Delhi
M/S Shujat Hospital, Amroha vs Ito, Moradabad on 23 November, 2017
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH: 'SMC', NEW DELHI
BEFORE SHRI H. S. SIDHU, JUDICIAL MEMBER
I.T.A. No. 2756/Del/2016
Assessment Year: 2011-12
M/S SHUJAT HOSPITAL, VS. ITO, WARD 2(2),
MOHALLA NAL, MORADABAD, U.P.
AMROHA-244221
U.P.
(PAN: AAYFS4045H)
(ASSESSEE) (RESPONDENT)
Assessee by: Sh. V. Raja Kumar, Adv.
Revenue by: Smt. Ashna Paul, Sr. DR
ORDER
This appeal is filed by assessee against the Order dated 10.2.2016 passed by the Ld. CIT(A), Moradabad relating to Assessment Year 2011-12 on the following ground:-
"On the facts and in the circumstances of the case and in law the Ld. CIT(A) erred in confirming the action of the AO in imposing penalty u/s. 271(1)(b) of the Income Tax Act, 1961 without providing due and adequate opportunity of hearing. The action being arbitrary, erroneous, misconceived and 2 unjust must be quashed with directions for relief."
2. Facts narrated by the revenue authorities are not disputed by both the parties, hence, the same are not repeated here for the sake of brevity.
3. At the time of hearing, Ld. Counsel of the Assessee has stated that Ld. CIT(A) has not provided sufficient opportunity of hearing to the assessee and passed the exparte order, therefore, he requested that the issues involved in the appeal may be set aside to the file of the Ld. CIT(A) to decide the same afresh, after giving adequate opportunity of being heard to the assessee.
4. On the contrary, Ld. DR relied upon the order passed by the Ld. CIT(A) and stated that assessee was given sufficient opportunity for substantiating his claim, but he could not avail the same. Therefore, the order of the authorities below especially the impugned order may be upheld and appeal of the assessee may be dismissed.
5. I have heard both the parties and perused the records, especially the impugned order passed by the Ld. CIT(A). After examining the impugned order, I am of the considered view that Ld. CIT(A) has passed the exparte order and did not provide 3 sufficient opportunity, as a result thereof, the assessee could not substantiate its case before the Ld. CIT(A). Therefore, in the interest of justice, I set aside the issues in dispute to the file of the Ld. CIT(A) with the directions to decide the same afresh, under the law, after giving adequate opportunity of being heard to the assessee.
6. In the result, the appeal filed by the assessee stands allowed for statistical purposes.
Order pronounced on 23/11/2017.
Sd/-
[H.S. SIDHU] JUDICIAL MEMBER Date 23/11/2017 "SRBHATNAGAR"
Copy forwarded to: -
1. Appellant -
2. Respondent -
3. CIT
4. CIT (A)
5. DR, ITAT TRUE COPY By Order, Assistant Registrar, ITAT, Delhi Benches