2023 (10) TMI 1466

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.... Petitioner Mr. Akhileshwar Sharma for the Respondent-Revenue PC:- 1. The prayer in the Petition is primarily to quash and set aside the order dated 31st August 2023 passed by the Income-tax Appellate Tribunal ("ITAT") under Section 254(1) of the Income-tax Act, 1961 ("Act") and to remand the matter to the ITAT for fresh consideration of the appeals bearing ITA Nos. 1945 of 2023 and 1946 ....

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....was unrepresented on 29th August 2023. 3. The ITAT proceeded to hear the matter in the absence of Petitioner and after hearing only the departmental representative passed the order pronounced on 31st August 2023, which is impugned in this Petition. 4. On 7th October 2023, an order came to be passed by this Court staying the operation of the impugned order. Mr. Sharma, who is appearing for Re....

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....etition, in our opinion, the order passed in the absence of Petitioner has to be quashed and set aside and the matter should be remanded for de-novo consideration. Ordered accordingly. 8. It will be apposite to re-produce the following paragraph from the judgment of this Court in Indira Balakrishna, Manager of Estate of Balakrishna Purshottam Purani v. CIT [1956] 30 ITR 320 It reads as under: ....

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....essees under section 34(1)(b). The Tribunal being the highest authority under the Income-tax Act, the Income-tax Officer is bound to respect any opinion expressed by it, and if it says that an assessee has been under-assessed or there has been a failure to assess properly, the Income-tax Officer is bound to take action under section 34, and that is exactly what has happened in this case. Therefore....