SHIV RATAN SAHU,RANCHI vs. ITO, WARD-3(1), RANCHI
What did the Tribunal hold?
The Tribunal held that an ex-parte dismissal for non-prosecution is not permissible. The order of the CIT(A) was set aside for fresh adjudication.
What were the facts?
The assessee's appeal was dismissed ex-parte by the CIT(A) without disposing of the case on merits. The assessee did not appear before the CIT(A).
What were the issues?
Whether an ex-parte dismissal for non-prosecution by the CIT(A) is legally valid and if the principles of natural justice were violated.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, RANCHI BENCH, E-Court at KOLKATA
Before: Sri J. Sudhakar Reddy
order
: January 13th, 2021 ORDER
Per J. Sudhakar Reddy, AM:
This is an appeal filed by the assessee directed against the order of the Learned Commissioner of Income Tax (Appeals), Ranchi [hereinafter the “CIT(A)”], passed u/s. 250 of the Income Tax Act, 1961 (the ‘Act’), dated 18.12.2018 for the Assessment Year 2013-14.
None appeared on behalf of the assessee. I find that the ld. CIT(A) has passed an ex-parte order. He has not disposed off the appeal on merits. Such dismissal for non- prosecution is not permissible in law. 3. The ld. D/R submitted that the issue may be restored to the file of the ld. CIT(A) as there was violation of principles of natural justice. 4. Under these circumstances I set aside the matter to the file of the ld. CIT(A) for fresh adjudication in accordance with law.
Assessment Year: 2013-14 Shiv Ratan Sahu. 5. In the result, the appeal of the assessee is allowed for statistical purposes. Kolkata, the 13th January, 2021.
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