2014 (6) TMI 173 - AT - Income Tax

Tribunal orders fresh assessment, emphasizes fair hearing, imposes cost for address update lapse.

The Tribunal set aside the assessment and directed a fresh assessment by the Assessing Officer, emphasizing the importance of providing proper opportunity ... Assessment u/s 144 of the Act – Proper opportunity of being heard not given – Change of address – Held that:- Assessee contended that non-intimation of the change of address was not intentional but was an inadvertent omission from the assessee - due to ex parte assessment and heavy demand, the assessee has also suffered litigation and incurred the expenditure - it would meet the ends of justice if the order of the authorities is set aside and the matter is remitted back to the file of AO for fresh adjudication – Decided in favour of Assessee. Issues: Change of address leading to non-receipt of notices, addition of sundry creditors and unsecured loans to total income, setting aside assessment for proper opportunity of being heard, imposition of cost for failure to inform changed address.In this case, the appellant raised various grounds challenging the assessment completed by the Assessing Officer under Section 144, where the income declared by the assessee was significantly different from the assessed income. The counsel for the appellant highlighted that the notices issued by the Assessing Officer were not received due to a change in the assessee's address, leading to a lack of proper opportunity to be heard. The appellant requested the matter to be set aside for the Assessing Officer to make a fresh assessment after allowing the necessary hearing. On the other hand, the Department argued that it was the assessee's duty to inform about the change of address, and the assessment should be upheld. The Department also suggested imposing costs on the assessee for the delay and inconvenience caused.After hearing both parties and examining the facts, the Tribunal decided to set aside the orders of the lower authorities and restore the matter to the Assessing Officer's file for a fresh assessment. The Tribunal directed the Assessing Officer to provide adequate opportunity for the assessee to be heard by serving notices at the new address. Additionally, the Tribunal imposed a cost of Rs.2,500 on the assessee for failing to inform about the change of address, which the assessee was directed to pay to the revenue. The Tribunal emphasized the importance of proper communication between the assessee and the tax authorities to ensure a fair assessment process.Ultimately, the Tribunal allowed the assessee's appeal for statistical purposes, indicating that the decision was primarily procedural and did not delve into the substantive tax issues. The judgment highlighted the significance of timely and accurate communication of address changes to avoid procedural complications and ensure a fair assessment process. The imposition of costs served as a reminder for taxpayers to fulfill their obligations in providing updated information to tax authorities to facilitate efficient tax administration.