VILAS SOMAKANT CHITNIS,MUMBAI vs. INCOME TAX OFFICER, WARD 27(3)(5), MUMBAI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The tribunal held that the CIT(A) is not empowered to dismiss an appeal for non-prosecution and must decide on merits. The appeal was restored to the CIT(A) for fresh adjudication after providing an opportunity to the assessee.
What were the facts?
The assessee's appeal was dismissed in-limine by the CIT(A) for non-prosecution. The assessee, an 84-year-old senior citizen, had sought an adjournment which was not responded to, and subsequently received the dismissal order.
What were the issues?
Whether the CIT(A) can dismiss an appeal for non-prosecution without deciding on merits. The procedural fairness in granting an opportunity for hearing.
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Premkumar Arjundas Luthra (HUF)659 citing240 Taxmann 133 · 2017 · HC
Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI
आयकर अपील�य अ�धकरण मुंबई पीठ “एस एम सी” , मुंबई �ी �वकास अव�थी, �या�यक सद�य के सम� IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “SMC”, MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER आअसं. 1626/मुं/2023 (�न.व 2013-14) ITA NO.1626/MUM/2023(A.Y 2013-14) Vilas Somakant Chitnis, A-571,TTC Industrial Area, MIDC Mahape, Navi Mumbai – 400 701 PAN: AAEPC-3509-Q ...... अपीलाथ� /Appellant बनाम Vs. Income Tax Officer ,Ward -27(3)(5), Mumbai. ..... ��तवाद�/Respondent अपीलाथ� �वारा/ Appellant by : Ms. Neelam Jadhav ��तवाद� �वारा/Respondent by : Shri Sunny Kachhwaha सुनवाई क� �त�थ/ Date of hearing : 25/07/2023 घोषणा क� �त�थ/ Date of pronouncement : 25/07/2023 आदेश/ ORDER
This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [in short ‘the CIT(A)’] dated 15/03/2023, for Assessment Year 2013-14.
Ms. Neelam Jadhav appearing on behalf of the assessee submitted that the CIT(A) has dismissed appeal of the assessee in-limine for non-prosecution. The assessee is a senior citizen, 84 years of age. The assessee on portal filed request letter on 10/12/2022 seeking adjournment for the next date of hearing i.e. 12/12/2022. There was no response to the adjournment request filed by the assessee till 15/03/2023. On 16/03/2023 the assessee received the order dated 15/03/2023 dismissing appeal of the assessee for non- prosecution. The ld. Authorized Representative of the assessee submits that an opportunity may be granted to the assessee to make submissions before the CIT(A).
The ld. Departmental Representative supports the order of CIT(A) and prayed for dismissing appeal of the assessee.
Both sides heard, orders of authorities below examined. The CIT(A) has dismissed the appeal of assessee in-limine for non-prosecution. It is no more res-integra that the CIT(A) is not empowered to dismiss appeal of the assessee for non-prosecution.[Re. CIT vs. Premkumar Arjundas Luthra (HUF), 240 Taxman 133(Bombay)] The CIT(A) has to decide the appeal on merits, even if, there is no response from the assessee. The appeal is restored to CIT(A) for fresh adjudication on merits, after affording reasonable opportunity of making submissions/hearing to the assessee, in accordance with law.
The assessee is directed to furnish submissions in response to the notice served, positively.
Recent GST High Court judgments
Search GST case law →- M/S. Rohit Medical Systems vs. Commissioner Of Delhi Goods And Services Tax And Anr.Delhi · 28 Oct 2026
- Manoj Kumar Prop M K Steel Traders vs. Additional Commissioner, Central Goods And Services Tax & Anr.Delhi · 28 Oct 2026
- Shivam Kumar vs. The State Of BiharPatna · 28 Oct 2026
- M/S Rajkalpana Travels PVT. LTD. vs. Commissioner CGST, Delhi North CommissionerateDelhi · 28 Oct 2026
- Mahaveer Ispat Traders vs. Principal Commissioner Dgst Delhi Department Of Trade And Taxes Gnctd & Anr.Delhi · 28 Oct 2026