Farhan Majid Dar. v. ITO (2024) 207 ITD 430 (Amritsar) (Trib.)

S. 250 : Appeal-Commissioner (Appeals)-Service of notice-Procedure-Ex parte order-Notice is not issued to email address provided by assessee in Form 35 or on email address provided in profile information-Order of CIT(A) is set aside and matter remanded back to adjudicate appeal afresh. [Form No 35]

CIT(A) passed the ex-parte order. On appeal the assessee contended that during appellate proceedings, Commissioner (Appeals) had not issued notice to e-mail address provided by assessee in Form 35 or on e-mail address provided in profile information but notice was sent to e-mail of former CA provided. Commissioner (Appeals) had passed an order ex parte qua assessee. On appeal the Tribunal held that notice by Commissioner (Appeals) on e-mail address other than e-mail address given in Form 35 of appeal tantamounted to issue of notice on wrong and invalid address and as such no service of notice Therefore  matter is s remand back to Commissioner (Appeals) to adjudicate appeal afresh after granting sufficient opportunity of being heard. (AY. 2012-13, 2015-16, 2016-17) 

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