What did the Tribunal hold?

The tribunal held that the CIT(A) failed to pass a speaking order as required by Section 250(6) of the Income Tax Act. The CIT(A)'s order was set aside for not deciding the appeal on merits.

The assessee's appeal before the CIT(A) was dismissed ex parte due to non-appearance despite notices. The assessee had filed grounds of appeal and a statement of facts.

What were the issues?

Whether the CIT(A) is required to pass a speaking order while disposing of an appeal, even in cases of assessee's non-appearance.

Sri Jamuna Roller Flour Mills… vs ITO | s.250(6) | ITAT Patna 2023

Income Tax Appellate Tribunal, PATNA BENCH

Before: SHRI RAJPAL YADAV & SHRI GIRISH AGRAWAL

For Respondent: Shri Rupesh Agrawal, Sr. DR

Hearing: 11.05.2023Pronounced: 17.05.2023

O R D E R

PER GIRISH AGRAWAL, ACCOUNTANT MEMBER:

This appeal filed by the assessee is against the order of Ld. CIT(A), National Faceless Appeal Centre (NFAC), Delhi vide Order No. ITBA/NFAC/S/250/2022-23/1048327777(1) dated 29.12.2022 against the order of ITO, Ward-7(3), Kolkata u/s. 144 of the Income-tax Act, 1961 (hereinafter referred to as the “Act”), dated 11.03.2016 for AY 2013- 14.

Before us, none appeared on behalf of the assessee at the time of hearing. We note that the ld. CIT(A) has passed ex parte order and has not decided the case on merits. The ld. CIT(A) only noted that the non- appearance to notices is deliberate as all the three (3) notices have been Sri Jamuna Roller Flour Mills Pvt. Ltd., AY: 2013-14 duly sent to the assessee through ITBA portal. He noted that none appeared on behalf of assessee inspite of notices had been sent, so according to him, the assessee was not interested to pursue the appeal and he dismissed the appeal. However, we note that the assessee had filed before the ld. CIT(A) 4 (Four) grounds of appeal as well as filed the statement of facts. However, the ld. CIT(A) has dismissed the appeal without passing a speaking order, which action of the ld. CIT(A) cannot be countenanced.

3. It should be kept in mind that if an assessee is aggrieved by the order of the AO, then assessee has the statutory right to file an appeal before the ld. CIT(A). This valuable/statutory right of the assessee cannot be lightly brushed aside by passing non- speaking order. We expect the assessee to be diligent while pursuing the appeal.

4. Section 250 of the Act deals with procedure in appeal by the Commissioner (Appeals). Sub-section (6) of sectio0n 250, in particular reads as under: “The order of the Commissioner (Appeals) disposing of the appeal shall be in writing and shall state the points for determination, the decision thereon and the reason for the decision.” 4.1. On perusal of Sec. 250(6) of the Act, we find that the Commissioner (Appeals) disposing of the appeal shall be in writing and shall state the points for determination, the decision thereon and the reason for the decision, which is not so in the present case. Accordingly, the impugned order of the Ld. CIT(A) is set aside and the appeal is restored back to him with the direction to pass a speaking order by going through the statements of facts as well as oral/written submissions/documents, if any, filed by the assessee. The assessee is directed to be diligent and appear or/and file necessary papers before him, if required, by affording reasonable opportunity of being heard.

Sri Jamuna Roller Flour Mills Pvt. Ltd., AY: 2013-14 5. In the result, appeal of the assessee is allowed for statistical purpose. Order pronounced in the open Court on 17th May, 2023.

SRI JAMUNA ROLLER FLOUR MILLS PVT. LTD.,PATNA vs. ITO WARD-2 (2), PATNA

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

Recent GST High Court judgments