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M/s Anil Grain & Fertilizers, Bundi v. Cit, Kota

M/s Anil Grain & Fertilizers, Bundi v. Cit, Kota

(Income Tax Appellate Tribunal, Jaipur)

Income Tax Appeal No. 369/Jpr/2012 | 20-05-2013

PER B.R. JAIN, A.M. This appeal by assessee against the order dated 10.02.2012 of Ld. CIT, Kota in various grounds challenges the order passed under section 263 of the IT Act thereby setting aside the assessment order dated 29.9.2009 for making it afresh.

2. Heard parties with reference to material on record. The Ld. CIT issued a show cause notice dated 06.02.2012 for hearing on 10.02.2012 and took decision on the same day setting aside the assessment order dated 29.9.2009 for making it afresh after following directions given on the points mentioned in the impugned order. Since Ld. CIT gave only a short notice without affording reasonable and effective opportunity of being heard for enabling the assessee to state its case properly, we hereby set aside his 2 order so that sufficient time is afforded to the assessee to state its case and decision taken afresh in accordance with law.

3. In the result, appeal by assessee stands allowed for statistical purposes only as announced in the open court in presence of parties on 20.05.2013. Sd/- Sd/- ( VIJAY PAL RAO ) ( B. R. JAIN ) JUDICIAL MEMBER ACCOUNTANT MEMBER Jaipur, Dated : 20/05/2013. d/- Copy forwarded to :- M/s. Anil Grain & Fertilizers, Kota. The CIT Kota. The CIT The D/R Guard file (ITA No. 369/JP/2012) By Order, AR ITAT Jaipur.

Advocate List
Bench
  • SHRI B.R. JAIN
  • SHRI VIJAY PAL RAO
Eq Citations
  • LQ/ITAT/2013/4370
Head Note

Income Tax — Practice and Procedure — Opportunity to be heard — Affording of — Ld. CIT issued a show cause notice for hearing on 10.2.2012 and took decision on the same day setting aside the assessment order dt. 29.9.2009 for making it afresh after following directions given on the points mentioned in the impugned order — Held, since Ld. CIT gave only a short notice without affording reasonable and effective opportunity of being heard for enabling the assessee to state its case properly, his order set aside so that sufficient time is afforded to the assessee to state its case and decision taken afresh in accordance with law — Income Tax Act, 1961, S. 263