M/S. DAYITWA BUILDERS,PANVEL vs. INCOME-TAX OFFICER, WARD - 1, PANVEL

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ITA 635/PUN/2019Status: DisposedITAT Pune05 February 2020AY 2011-123 pages
AI SummaryRemanded

What did the Tribunal hold?

The ITAT held that the CIT(A) is not empowered to dismiss an appeal in limine solely for non-attendance. Therefore, the impugned order was set aside.

What were the facts?

The assessee's appeal before the CIT(A) was dismissed ex-parte for non-attendance. The assessee then appealed to the ITAT against this dismissal.

What were the issues?

Whether the CIT(A) can dismiss an appeal solely on the ground of the assessee's non-attendance without considering the merits of the case.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE

Before: SHRI R.S. SYAL

For Respondent: Smt. Elsy Mathew

This appeal by the assessee arises out of the order passed by the CIT(A)-2, Pune on 07-09-2018 in relation to the assessment year 2011-12.

2.

The only issue raised in this appeal is against the confirmation of the addition of Rs.7,50,000/- treating certain purchases as bogus.

3.

I have heard the ld. DR and perused the relevant material on record. There is no appearance from the side of assessee despite several notices. It is seen that the ld. CIT(A) passed the order ex-parte qua the assessee and dismissed the appeal for non-attendance alone. In view of the fact that CIT(A) is not empowered to dismiss an appeal in limine, I am constrained to accord my imprimatur to the impugned order for this sole reason. Accordingly, I set aside the impugned order and remit the matter to the file of the ld. CIT(A) with a direction to dispose of the appeal afresh on merits as per law after allowing a reasonable opportunity of hearing to the assessee.

4.

In the result, the appeal is allowed for statistical purposes.

Order pronounced in the Open Court on 05th February, 2020.

Sd/- (R.S.SYAL) उपा�य� उपा�य�/ VICE PRESIDENT उपा�य� उपा�य� पुणे Pune; �दनांक Dated : 05th February, 2020 सतीश

आदेश क� क� क� �ितिलिप क� �ितिलिप �ितिलिप अ�ेिषत �ितिलिप अ�ेिषत अ�ेिषत / Copy of the Order is forwarded to : अ�ेिषत आदेश आदेश आदेश अपीलाथ� / The Appellant; 1. ��यथ� / The Respondent; 2. आयकर आयु�(अपील) / 3. The CIT (Appeals)-2, Pune 4. The Pr. CIT-1, Thane िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, पुणे “SMC” / 5. DR ‘SMC’, ITAT, Pune; गाड� फाईल / Guard file. 6. // True copy // आदेशानुसार आदेशानुसार/ BY ORDER, आदेशानुसार आदेशानुसार

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