BALASAHEB BHARAT JADHAV,SOLAPUR vs. DCIT, CIRCLE-1, SOLAPUR, SOLAPUR
What did the Tribunal hold?
The tribunal held that the CIT(A) is obligated to decide an appeal on merits and cannot dismiss it for non-prosecution. The CIT(A)'s order was set aside for de-novo adjudication.
What were the facts?
The assessee, a 'Bank Mitra', filed his return of income. The CIT(A) dismissed the appeal for non-compliance without adjudicating the grounds of appeal, despite the assessee's counsel being unavailable due to medical reasons.
What were the issues?
Whether the CIT(A) can dismiss an appeal for non-prosecution without deciding the merits of the case. Whether the CIT(A) has the power to set aside an assessment order for de-novo adjudication.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE
Before: SHRI Dr. DIPAK P. RIPOTE & SHRI VINAY BHAMORE
PER Dr. DIPAK P. RIPOTE, A.M : This is an appeal filed by the assessee against the order of the Learned Commissioner of Income Tax (Appeals), NFAC, Delhi [Ld.CIT(A)], passed u/s. 250 of the Income Tax Act, 1961 („the Act‟) for AY 2024-25 on 13.05.2026, emanating from the Assessment Order u/s 143(3) r.w.s. 144B of the Act, dated 20.02.2026. 2. The assessee has raised the following grounds of appeal :
“1. The learned CIT (A) NFAC has erred in law & on facts in passing the appeal order hastily without giving any opportunity to the appellant to put forth his case.
The learned CIT (A) NFAC has erred in law & on facts in not considering the agreement of appellant with corporate business correspondent of Central Bank of India.
2
The learned
The order continues below.
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- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
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