PANKAJ GAUR,ALLAHABAD vs. ITO-2(2), ALLAHABAD
What did the Tribunal hold?
The ITAT held that the CIT(A) failed to adjudicate the appeal on merits as required by law. The CIT(A) did not discuss facts or law, leading to an unacceptable ex-parte order.
What were the facts?
The assessee's appeal before the CIT(A) was dismissed ex-parte due to non-compliance with notices. The assessee then appealed this dismissal to the ITAT.
What were the issues?
Whether the CIT(A) can dismiss an appeal ex-parte without adjudicating on merits. Whether the CIT(A) has a duty to decide grounds of appeal on merits.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ALLAHABAD “SMC”
Before: SHRI ABY T. VARKEY, JM
PER ABY T. VARKEY, JM: This is an appeal preferred by the assessee against the order of the Ld. CIT(A)/NFAC, Delhi dated 30.03.2023 for AY. 2012-13. 2. None appeared for the assessee. However, it is noted that the Ld. CIT(A) has passed an ex-parte order, since assessee has not replied to his notices on 30.12.2020, 09.09.2021, 04.11.2022 and 15.02.2023. According to the Ld. CIT(A) even though four (4) opportunities were given for the assessee to reply, and since assessee did not bother to reply, he was pleased to dismiss the appeal of the assessee ex-parte qua the assessee. And assessee is aggrieved by the impugned action of Ld. CIT(A) and has raised ground no. 3 in this regard. In this context, it is noted that as per sub-section (6) of section 250 of the Income Tax Act, 1961 (hereinafter “the Act”), the Ld. CIT(A) being the First Appellate Authority was duty bound to adjudicate the grounds of appeal raised by the assessee on merits. Since the Ld. CIT(A) has not 2 A.Y. 2012-13 Pankaj Gaur given any reason for confirming the action of the AO and has not discussed the relevant facts/law in respect of the grounds raised by the assessee, the impugned action of the Ld. CIT(A) cannot be accepted. Therefore, the impugned order of the Ld. CIT(A) is set aside and restored back to the file of the Ld. CIT(A) to decide on merits as per sub-section (6) of section 250 of the Act. And assessee is directed to file written submission/relevant documents to support his grounds of appeal and request for hearing if he desires as per Rules, and Ld. CIT(A) to pass order in accordance to law.
In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on this 08/09/2023. (ABY T. VARKEY) JUDICIAL MEMBER Allahabad ददनांक Dated : 08/09/2023. Vijay Pal Singh, (Sr. PS)
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