MOHD KAUSAR,AMROHA vs. ITO WARD - 1(4), AMROHA

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ITA 289/DEL/2020Status: DisposedITAT Delhi28 April 2022AY 2016-173 pages
AI SummaryRemanded

What did the Tribunal hold?

The ITAT held that the CIT(Appeals) should have decided the appeal on merits rather than dismissing it for non-prosecution. The matter was restored to the CIT(Appeals) for a decision on merits.

What were the facts?

The assessee's appeal before the CIT(Appeals) was dismissed for non-prosecution. The assessee filed an appeal before the ITAT against this dismissal.

What were the issues?

Whether an appeal can be dismissed for non-prosecution without considering the merits of the case.

Which sections of the Income-tax Act were involved?

Section 144,Section 148

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Income Tax Appellate Tribunal, [ DELHI BENCH “S.M.C.” NEW DELHI ]

Before: SHRI CHALLA NAGENDRA PRASAD, S.M.C.

आदेश /O R D E R PER C. N. PRASAD, J.M. :

1.

This appeal is filed by the assessee against the order of the ld. Commissioner of Income Tax (Appeals), Moradabad, [hereinafter referred to CIT (Appeals)] for the assessment year 2016-17 arising out of the assessment order passed under Section 144 read with Section 148 of the Income Tax Act, 1961 (the Act) in dismissing the appeal for non-prosecution. 1

2.

In spite of issue of notice none appeared. The appeal is disposed of on hearing the ld. DR on merits.

3.

On perusal of the order of the ld. CIT (Appeals) it is observed that the appeal of the assessee was dismissed by the ld. CIT (Appeals) for non-prosecution. The appeal was dismissed ex- parte by the ld. CIT (Appeals) applying the decision of Delhi Bench in the case of CIT Vs. Multiplan India Pvt. Ltd. 38 ITD 320 (Del).

4.

The ld. CIT (Appeals) should have disposed of the appeal on merits rather than dismissing the appeal for non-prosecution. Therefore, in the interest of justice this appeal is restored back to the file of the ld. CIT (Appeals) who shall decide the appeal on merits in accordance with law, after providing adequate opportunity of being heard to the assessee.

5.

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

Order pronounced in the open court on : 28/04/2022.

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