VISHESH GUPTA,NEW DELHI vs. DCIT, CENTRAL CIRCLE-19, NEW DELHI
What did the Tribunal hold?
The Tribunal held that the CIT(A) should have decided the appeal on merit with reasoning, even in the case of non-representation. The order of the CIT(A) was set aside, and the appeal was restored to the CIT(A) for a decision on merit.
What were the facts?
A search operation led to the assessment of additional income for the assessee, who was engaged in trading metals and scrap. The Assessing Officer added commission income earned from providing accommodation entries. The CIT(A) dismissed the assessee's appeal ex-parte due to non-appearance.
What were the issues?
Whether the CIT(A) can dismiss an appeal ex-parte without deciding on merit, and if the assessee fails to appear, whether the CIT(A) is still obligated to provide a reasoned order.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: ‘F’ NEW DELHI
Before: SHRI O.P. KANT & SHRI KULDIP SINGH
Date of hearing 12.10.2021 Date of pronouncement 14.10.2021 ORDER PER O.P. KANT, AM:
This appeal by the assessee is directed against the order dated 14.12.2016 passed by learned Commissioner of Income Tax (Appeals)-27, New Delhi, for assessment year 2010-11. 2. Brief facts of the case as culled out from the orders of the lower authorities are that the assessee, an individual, is engaged in the business of trading in metals and scrap. A search and seizure operation u/s 132 of the Income-tax Act, 1961 (in short ‘the Act’) was conducted by, the Investigation Wing of the department in Vishesh Gupta and Rakesh Gupta group of cases on 26.04.2010. The case was selected for scrutiny and assessment was completed on 28.03.2013 at a total income of Rs.37,32,730/- as against the returned income of Rs.2,34,850/- wherein the Assessing Officer made an addition of Rs.34,97,879/- on account of commission income earned by the appellant from providing accommodation entries to various parties, after excluding the expenses of 0.5% amounting to Rs.3,38,286/- (0.5% of Rs.6,76,57,224/- which is the total amount of transactions of accommodation entries) which would have been incurred by the assessee for earning the said commission income. Aggrieved, the assessee filed appeal before the learned CIT(A). The learned CIT(A) observed that the assessee was given five opportunities to represent his case but nobody attended the proceedings, nor filed adjournment application, therefore, it is presumed that the assessee has nothing to do with the appeal against the additions made by the Assessing Officer. Accordingly, the learned CIT(A) dismissed the appeal ex-parte without deciding on merit.
None present on behalf of the assessee. We have heard learned DR through Video Conferencing and perused the relevant material on record.
3. On perusal of impugned order, we find that the assessee did not file any written submission, nor any material was produced before the learned CIT(A) to support its case, despite reasonable opportunity being provided to him, and the learned CIT(A) dismissed the appeal of the assessee ex-parte. We are of the opinion that in terms of section 250(6) of the Act the Ld. CIT(A) is required to dispose off the appeal on merit with his reasoning even in the case of non-representation by the assessee. As the Ld. CIT(A) has not disposed off the appeal on merit with a reasoned order, we set aside the order of the Ld. CIT(A) and restore the appeal back to Ld. CIT(A) to decide the same with reasoned and speaking order after allowing reasonable opportunity of being heard to the assessee.
In result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 14th October, 2021
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