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Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI
Before: SHRI MAHAVIR SINGHAND SHRI G. MANJUNATHA
O R D E R PER MAHAVIR SINGH, VP: This appeal by the assessee is arising out of the order of Commissioner of Income Tax (Appeals)-4, Chennai in dated 21.05.2019. The assessment was framed by the Income Tax Officer, Company Ward I(1), Chennai u/s.143(3) of the Income Tax Act, 1961 (hereinafter the ‘Act’) for the assessment year 2010-11 vide order dated 17.03.2013.
2 2. At the outset, the ld.counsel for the assessee Shri N.V. Balaji took us through the order of CIT(A) and stated that the CIT(A) has dismissed the appeal of assessee practically ex-parte and without a speaking order. The ld. counsel for the assessee stated that the CIT(A) is a quasi judicial authority and in the statute of Income Tax Act, CIT(A) cannot dismiss the appeal for default expressly or by inevitable implication, but the appellate authority has to decide the appeal on merits. The appellate authority has no jurisdiction to dismiss the appeal for default but he is bound to decide the appeal on merits even in the absence of the assessee. Hence, the ld.counsel stated that this order should be set aside and matter may be remanded back to the file of the CIT(A) for fresh adjudication after allowing reasonable opportunity of being heard to the assessee.
The ld. CIT-DR opposed to setting aside of the order of CIT(A) because the CIT(A) has given reasonable opportunity of being heard to the assessee.
We have heard rival contentions and gone through the facts and circumstances of the case. Admittedly and practically, the order of the CIT(A) is ex-parte and non-speaking. We are of the view that unless the statute authorizes a quasi judicial authority to dismiss
3 the appeal for default expressly or by inevitable implication, the appellate authority has to decide the appeal and not to dismiss it for default. Probably, appellate authority has to decide the appeal on merits by a speaking order. Where an appeal has been disposed off ex-parte and without speaking order, ex-parte order is not maintainable. Hence, the order passed by the CIT(A) is not maintainable and accordingly the same is reversed. However, the order of CIT(A) is set aside but matter is remanded back to his file for fresh adjudication after allowing reasonable opportunity of being heard to the assessee.
In the result, the appeal of the assessee is allowed for statistical purpose.
Order pronounced in the open court on 25th April, 2022 at Chennai.