ARULMIGU SIVASUBRAMANIASWAMY THIRUKOIL,DHARMAPURI vs. ITO, EXEMPTIONS WARD, , SALEM
What were the facts?
The assessee, a temple, failed to file its return of income. The Assessing Officer initiated reassessment proceedings based on cash deposits and interest income, making additions for excess receipts and unexplained cash deposits. The CIT(A) dismissed the appeal ex-parte for non-prosecution.
What did the Tribunal hold?
The Tribunal held that the CIT(A) is duty-bound to dispose of an appeal on merits, even if dismissed ex-parte for non-prosecution. Dismissing an appeal solely for non-prosecution without considering the merits is contrary to the law.
What were the issues?
Whether the CIT(A) can dismiss an appeal for non-prosecution without deciding the appeal on merits. Whether the reassessment proceedings and additions made by the AO are legally valid.
Which sections of the Income-tax Act were involved?
Section 139(1),Section 148A,Section 148,Section 250(6),Section 12A(1)(ac)(i),Section 10(23BBA)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, CHENNAI BENCHES, CHENNAI
Before: SHRI INTURI RAMA RAO & SHRI S.S.VISWANETHRA RAVI
PER INTURI RAMA RAO, ACCOUNTANT MEMBER:
This appeal filed by the Assessee directed against the order of ld.Commissioner of Income Tax(Appeal)[NFAC], dated 15.01.2026 passed u/s.250 of the Income Tax Act, 1961 for the Assessment Year 2018-19. 1 ARULMIGU SIVASUBRAMANIASWAMY THIRUKOIL
The Assessee raised the following grounds of appeal : “1) The Impugned Order is bad, erroneous and unsustainable in law.
2) The Learned Commissioner (Appeals) er
The order continues below.
Read the full judgment
A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
More judgments on Section 139(1)
- R S Industech Private Limited, Gandhidham vs ITO Ward-2, GandhidhamITA 843/RJT/2026[2018-19]Status: Disposed8 Oct 2026AY 2018-19
- Kishorkumar Maganlal Shirodaria, Rajkot vs ITO WD 2(2)(3) Rajkot, RajkotITA 959/RJT/2026[2021-2022]Status: Disposed7 Oct 2026AY 2021-2022
- Kishorkumar Maganlal Shirodaria, Rajkot vs ITO WD 2(2)(3) Rajkot, RajkotITA 958/RJT/2026[2020-2021]Status: Disposed7 Oct 2026AY 2020-2021
- Visheswar Shivdayal Yadav, Una vs ITO WD 4, Jnd Veraval, VeravalITA 1197/RJT/2026[2021-2022]Status: Disposed7 Oct 2026AY 2021-2022
- Visheswar Shivdayal Yadav, Una vs ITO WD 4, Jnd Veraval, VeravalITA 1190/RJT/2026[2020-21]Status: Disposed7 Oct 2026AY 2020-21
Recent GST High Court judgments
Search GST case law →- M/S Chandan Patra, Bbsr vs. Union Of INDIAOrissa · 7 Oct 2026
- M/S Corbett Kyari Jungle Resort vs. The State Tax OfficerUttarakhand · 6 Oct 2026
- M/S N B Enterprises vs. The Assistant CommissionerUttarakhand · 6 Oct 2026
- Sumit Bhoora vs. M/ S Aadharshila Developers PVT LTD.Chhattisgarh · 6 Oct 2026
- Jayesh Patel vs. M/S Aasharshila Developers PVT LTD.Chhattisgarh · 6 Oct 2026