What did the Tribunal hold?

The Tribunal held that dismissing an appeal for non-prosecution without deciding on merits is bad in law. Therefore, the matter was restored to the CIT(Appeals) for fresh adjudication on merit.

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

What were the issues?

Whether an appellate authority can dismiss an appeal for non-prosecution without adjudicating on the merits of the case.

Sri Saheb Singh, Jamshedpur vs ITO | ITAT Ranchi 2018

Income Tax Appellate Tribunal, RANCHI BENCH (SMC

Before: Hon’ble Shri J. Sudhakar Reddy]

IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI BENCH (SMC), RANCHI [Before Hon’ble Shri J. Sudhakar Reddy] I.T.A. No. 103/Ran/2017 Assessment Year : 2009-10 Shri Saheb Singh.........................................................................................................Appellant 9, City Market Sakchi, Jamshedpur – 831 001. [Pan : ADKPS 2855 E] Income Tax Officer...................…………………………………….................................Respondent Ward 3(3), Jamshedpur Appearances by: Shri Devesh Poddar, Advocate appearing on behalf of the Assessee. Shri P.K. Mondal, Jr. DR appearing on behalf of the Revenue. Date of concluding the hearing : February 27, 2018 Date of pronouncing the order : February 28, 2018 ORDER Per J. Sudhakar Reddy, AM

This is an appeal filed by the assessee directed against the order of CIT (Appeals) Jamshedpur dated 18.07.2016 for the assessment year 2009-10.

The Ld. CIT(A) in this case has not disposed off the appeal on merits. He dismissed the appeal for non-prosecution. This is bad in law.

Hence, I restore the matter to the file of the Ld. CIT(A) for fresh adjudication on merit in accordance with law. The law required orders to be passed on merit by the appellate authority.

2 I.T.A. No. 103/Ran/2017 A.Y. 2009-10 Saheb Singh 4. In the result, the appeal of the assessee is allowed for statistical purposes. Order Pronounced in the Open Court on 28th February, 2018. Sd/- (J. Sudhakar Reddy) ACCOUNTANT MEMBER Dated: 28/02/2018 Biswajit, Sr. PS

Copy of order forwarded to: 1. Shri Saheb Singh, 9, City Market Sakchi, Jamshedpur – 831 001.

ITO, Ward 3(3), Jamshedpur.

The CIT(A)

The CIT

DR True Copy, By order,

Sr. P.S. / H.O.O. ITAT, Ranchi

SRI SAHEB SINGH,JAMSHEDPUR vs. ITO WARD-3(3), JAMSHEDPUR

What did the Tribunal hold?

What were the facts?

What were the issues?

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