Case Number: ITA 777/DEL/2020
Appellant: Jagat Singh Saini, Delhi
Respondent: ITO, Ward-35(2), New Delhi
Assessment Year: 2011-12
Result: Case restored for fair hearing
Case Filed on: 2020-02-12
Order Type: Final Tribunal Order
Date of Order: 2022-04-27
Pronounced on: 2022-04-27
The appellant, Jagat Singh Saini, faced an ex parte decision by the CIT(A) for the assessment year 2011-12. The appeal challenges the fairness of the hearing process, emphasizing the appellant’s absence during the initial proceedings and the lack of compliance with issued notices.
The tribunal reviewed the circumstances under which the previous order was made. It noted the absence of compliance by the appellant in response to multiple notices, leading to an ex parte dismissal by the CIT(A). The tribunal, however, raised concerns about the fairness of the hearing process and the opportunity given to the appellant to present his case.
The tribunal decided to restore the case to the file of the CIT(A), mandating a fair hearing and proper consideration of the appellant’s arguments. This decision underscores the importance of procedural fairness and the right to be heard, especially in judicial and quasi-judicial proceedings.
Order Pronounced in the Open Court on 27/04/2022
Members:
Assistant Registrar: Kavita Arora
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