RANJITGARH FINANCE CO. P.LTD,NEW DELHI vs. ITO WARD-21(1), NEW DELHI

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ITA 7974/DEL/2019Status: DisposedITAT Delhi28 June 2022AY 2015-164 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that while the Commissioner (Appeals) can proceed ex parte for non-compliance, Section 250 mandates deciding the appeal on merits. Since the appeal was dismissed for non-prosecution without deciding on merits, the order was set aside.

What were the facts?

The assessee filed a return declaring nil income, but the assessment was completed at Rs.18,49,986 due to disallowance of brought forward loss and Section 14A. The Commissioner (Appeals) dismissed the assessee's appeal ex parte for non-appearance.

What were the issues?

Whether the Commissioner (Appeals) can dismiss an appeal for non-prosecution without deciding the grounds on merits. Whether the mandate of Section 250 of the Act was followed.

Which sections of the Income-tax Act were involved?

Section 14A,Section 250,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘F’ NEW DELHI

Before: SHRI SAKTIJIT DEY & DR. BRR KUMAR

For Appellant: Shri Milind Gautam, Adv, Ms. Indu Sen, SR. DR
Hearing: 28.06.2022Pronounced: 28.06.2022

ORDER PER SAKTIJIT DEY, JUDICIAL MEMBER: This is an appeal by the assessee against order dated 28.09.2019 of learned Commissioner (Appeals)-7, New Delhi for the assessment year 2015-16.

2.

We have heard Shri Milind Gautam, learned counsel for the assessee and Ms. Indu Sen, learned Departmental Representative.

3.

The primary grievance of the assessee is against ex parte disposal of its appeal by learned Commissioner (Appeals).

4.

Briefly, the facts are, assessee is a resident company. For the assessment year under dispute, assessee filed its return of income on 29.09.2015, declaring nil income. Assessment in case of the assessee was completed under Section 143(3) of the Act vide order dated 16.11.2017, determining the total income at Rs.18,49,986. The variation in the income declared and income determined was due to non-grant of adjustment of brought forward loss and disallowance made under Section 14A read with Rule 8D. Against the assessment order so passed, assessee preferred an appeal before learned Commissioner (Appeals). However, alleging repeated non-appearance by assessee in the appeal proceedings, learned Commissioner (Appeals) proceeded ex parte against the assessee and dismissed the appeal.

5.

On a reading of the observations of learned Commissioner (Appeals) in paragraph 2.2 and 3 of the impugned order, it is abundantly clear that he has dismissed assessee’s appeal for non- prosecution without deciding the grounds on merits. Though, we are of the view that in case of repeated non-compliance by assessee in the first appellate proceedings, learned Commissioner (Appeals) is well within his rights to proceed ex parte, however, as per the mandate of section 250 of the Act, he has to decide the appeal on merits.

However, that is not the case here. As observed earlier, learned Commissioner (Appeals) has not decided the grounds raised before him on merits and has simply dismissed the appeal for non- prosecution. Accordingly, we have no hesitation in setting aside the impugned order of learned Commissioner (Appeals) and restoring the issues, arising in the present appeal back to him for de novo adjudication on merits after due opportunity of being heard to the assessee. Grounds are allowed for statistical purposes.

6.

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

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