RAJESHWAR PRASAD(HUF),PATNA vs. ACIT, CENTRAL CIRCLE-1, PATNA
What did the Tribunal hold?
The Tribunal found that the CIT(Appeals) order was non-speaking and did not adjudicate the issues on merit. Therefore, the Tribunal set aside the CIT(Appeals) order and restored the appeals to the CIT(Appeals) for fresh adjudication.
What were the facts?
The assessee's appeals for assessment years 2004-05 and 2005-06 were dismissed by the CIT(Appeals) for want of prosecution. The assessee contended that they were not given a proper opportunity to be heard and that the CIT(Appeals) order was non-speaking.
What were the issues?
Whether the CIT(Appeals) order dismissing the appeal for non-prosecution without a proper hearing violates principles of natural justice and whether the order was non-speaking.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA-PATNA ‘e-COURT’, KOLKATA
Before: Shri Rajpal Yadav, Vice- & Dr. Manish Borad
Per Dr. Manish Borad, Accountant Member:- These appeals at the instance of assessee for assessment years 2004-05 and 2005-06 are directed against the order of ld. Commissioner of Income Tax (Appeals), Patna-3, both dated 30.12.2021, which is arising out of the order under section 153A of the Act 1 & 6/PAT/2022 A.Ys. 2004-2005 & 2005-2006 Rajeshwar Prasad (HUF) dated 12.12.2008 framed by ACIT, Central Circle-1, Patna.
The grounds of appeals raised by the assessee read as under:-
ITA No. 05/PAT/2022 (A.Y. 2004-05)
(1) For that the action of the Ld. CIT (Appeal)-III in passing the order under section 250 of the Income Tax Act, 1961 against the assessee is unjust, arbitrary and deserves to be quashed. (2) For that the Ld. CIT (Appeal)-III has erred in conforming the order of A.O. at assessing the appellant on a total income of Rs. 1,02,091/- as against the return filed for Rs. 51,324/- on the facts and in the circumstances of the appellant’s case. (3) That the Ld. CIT (Appeal)-III’s action of not providing proper opportunity of being heard and dismissing the appeal on the basis that “the appellant is not interested to prosecute the appeal. Hence the appeal filled by the appellant is liable to be dismissed for non- prosecution despite the fact that time petition was filled by the appellant on 30.05.2019 and thereafter the appellant never received any other hearing notices which is against the cardinal principle of natural justice and accordingly order deserves to be quashed. (4) That the action of Ld. CIT (Appeal)-III in confirming the addition made by the Ld. Assessing Officer in holding that the addition of Rs. 5,132/- on account of undisclosed business income by enhancing the declared income by fixed ratio of 10% every year and passing the order u/s 153C r.w.s. 153A of the Income Tax Act, 1961is illegal, arbitrary, void-ab-initio and deserves to be quashed. (5) That the action of Ld. CIT (Appeal)-III in confirming the addition made by the Ld. Assessing Officer in treating the agricultural income of Rs. 45,635/- as undisclosed & 6/PAT/2022 A.Ys. 2004-2005 & 2005-2006 Rajeshwar Prasad (HUF) income of the questioned assessment year is bad in law and void-ab-initio and therefore deserves to be quashed. (6) For that the CIT (Appeal) has erred in conforming the charge u/s 234A, 234B and 234C of the Income Tax Act, 1961. (7) That the appellant must be provided proper opportunity of being heard and in view of the principles of natural justice to set aside the impugned order passed u/s 250 of the Income Tax Act, 1961 dated 30.12.202land may be adjudicated afresh before the Ld. CIT (Appeal)-III in accordance with the law. (8) Appellant craves leave to add, alter, delete or modify and/or withdraw grounds of appeal up to the date of hearing of the appeal.
ITA No. 06/PAT/2022 (A.Y. 2004-05)
(1) For that the action of the Ld. CIT (Appeal)-III in passing the order under section 250 of the Income Tax Act, 1961 against the assessee is unjust, arbitrary and deserves to be quashed. (2) For that the Ld. CIT (Appeal)-III has erred in conforming the order of A.O. at assessing the appellant on a total income of Rs. 1,04,211/- as against the return filed for Rs. 52,145/- on the facts and in the circumstances of the appellant’s case. (3) That the Ld. CIT (Appeal)-III’s action of not providing proper opportunity of being heard and dismissing the appeal on the basis that “the appellant is not interested to prosecute the appeal. Hence the appeal filled by the appellant is liable to be dismissed for non- prosecution despite the fact that time petition was filled by the appellant on 30.05.2019 and thereafter the appellant never received any other hearing notices which is against the cardinal principle of natural justice and accordingly order deserves to be quashed. (4) That the action of Ld. CIT (Appeal)-III in confirming the addition made by the Ld. Assessing Officer in holding that the addition of Rs. 5,214/- on account of undisclosed business income by enhancing the declared 3 & 6/PAT/2022 A.Ys. 2004-2005 & 2005-2006 Rajeshwar Prasad (HUF) income by fixed ratio of 10% every year and passing the order u/s 153C r.w.s. 153A of the Income Tax Act, 1961 is illegal, arbitrary, void-ab-initio and deserves to be quashed. (5) That the action of Ld. CIT (Appeal)-III in confirming the addition made by the Ld. Assessing Officer in treating the agricultural income of Rs. 46,852/- as undisclosed income of the questioned assessment year is bad in law and void-ab-initio and therefore deserves to be quashed. (6) For that the CIT (Appeal) has erred in conforming the charge u/s 234A, 234B and 234C of the Income Tax Act, 1961. (7) That the appellant must be provided proper opportunity of being heard and in view of the principles of natural justice to set aside the impugned order passed u/s 250 of the Income Tax Act, 1961 dated 30.12.2021 and may be adjudicated afresh before the Ld. CIT (Appeal)-III in accordance with the law. (8) Appellant craves leave to add, alter, delete or modify and/or withdraw grounds of appeal up to the date of hearing of the appeal.
With the assistance of ld. D.R., we have gone through the record carefully. The assessee has raised eight grounds of appeals. However, we find that the ld. 1st Appellate Authority has dismissed the appeals of the assessee for want of prosecution without adjudicating the issues on merit. Sub-section (6) of section 250 contemplates that ld. CIT(Appeals) would determine the points in dispute and thereafter records reasons in support of his conclusion on those points. A perusal of the order of ld. CIT(Appeals) would reveal that it is a non-speaking order, which does not deal with any of the issues agitated in the grounds of appeals before CIT(A) or issues taken up in the assessment order. & 6/PAT/2022 A.Ys. 2004-2005 & 2005-2006 Rajeshwar Prasad (HUF) Therefore, we allow these appeals for statistical purposes, set aside the impugned order of ld. CIT(Appeals) and restore these issue to the file of ld. CIT(Appeals) for fresh adjudication.
In the result, both the appeals of the assessee are treated as allowed for statistical purposes. Order pronounced in the open Court on May 31st, 2023.
More judgments on Section 153A
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Ashok Singh, Jaipur vs ACIT, Circle-2 Jaipur, JaipurITA 1540/JPR/2025[2015-16]Status: Disposed21 Oct 2026AY 2015-16
- Deputy Commissioner of Income Tax, Central… vs Ig3 Infra Limited, KanchipuramITA 2578/CHNY/2026[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- Deputy Commissioner of Income Tax, Central… vs Ig3 Infra Limited, OggiamthoraipakkaITA 2577/CHNY/2026[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Deputy Commissioner of Income Tax, Central… vs Shanmugham Thiagarajan, ChennaiITA 2576/CHNY/2026[2020-21]Status: Disposed16 Oct 2026AY 2020-21
Latest GST High Court judgments
Search GST case law →- Ankil Jagdishchandra Kholwadwala vs. Union Of INDIA And AnrBombay · 22 Oct 2026
- Imtiyaz Shaikh Z Chorlekar vs. Salman ShaikhBombay · 21 Oct 2026
- S. Nithyananda vs. State Of KarnatakaKarnataka · 17 Oct 2026
- Venkadeswara Grill Works vs. The Joint Commissioner (St)Madras · 16 Oct 2026
- Mufti Clothing And Co vs. The Assistant Commissioner (St)Madras · 16 Oct 2026