The CIT(A) passed the ex parte order on the ground that when the assessee himself has given multiple e-mail ids and assessee has responded to the notice issued on its latest e-mail id on which several communications for hearing of the appeal were issued. On writ the single judge held that the opportunity of hearing was given hence the writ petition was dismissed. On appeal the Court held that notices to the assessee were not sent at the addresses indicated in the appeal memorandum. Therefore, the appellate orders are set aside and the appellate authority is directed to issue a fresh notice of hearing in respect of the appeals at the correct e-mail address and thereafter, pass final orders in the appeal after hearing the assessee or his Authorised Representatives in the matter. Department is advised to evolve a procedure whereby e-mail ids furnished by the assessees are regularly updated after confirmation with the assessee, so that at any given point in time, an assessee can only insist upon a maximum of three e-mail ids to which communications intended for him may be addressed. (AY-2011-12 to 2014-15)
Sham Basheer v. CIT (A).(2024) 340 CTR 739 / 240 DTR 217 (Ker)(HC) Editorial : Sham Basheer v. CIT (A) (2024) 340 CTR 742 / 240 DTR 219 (Ker)(HC) is set aside.
S. 250 : Appeal-Commissioner (Appeals)-Multiple e-mail id-Opportunity of being heard-Notices were sent email-Responded by the assessee-Communications to the assessee were not sent at the addresses indicated in the appeal memorandum-Order of single judge dismissing the petition. is set aide-CIT(A) is directed to issue a fresh notice of hearing at correct email address and thereafter pass the orders in the appeal-Strictures-Department is advised to evolve a procedure whereby e-mail ids furnished by the assessees are regularly updated after confirmation with the assessee, so that at any given point in time, an assessee can only insist upon a maximum of three e-mail ids to which communications intended for him may be addressed. [S. 254(1) Art. 226]
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