QUICK INFOTECH SOLUTION PVT. LTD.,DELHI vs. DCIT, CENTRAL CIRCLE, NOIDA
What did the Tribunal hold?
The tribunal held that the CIT(A) has a duty to decide appeals on merits after hearing parties and providing reasons. Dismissing appeals for non-prosecution without considering merits is an infirmity.
What were the facts?
The assessee's appeals were decided ex-parte by the CIT(A) without a proper hearing or consideration of the merits. The assessee contended that they were not given sufficient opportunity to present their case.
What were the issues?
Whether the CIT(A) erred in deciding the appeals ex-parte without affording sufficient opportunity of hearing and without deciding on merits.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Estate of Late Tukojirao Holkar v. CWT2,040 citing223 ITR 480 · 1997 · HC
- CIT v. B.N. Bhattacharya & Another1,656 citing118 ITR 461 · 1997 · SC
Income Tax Appellate Tribunal, DELHI BENCH ‘D’, NEW DELHI
Before: MS. SUSHMA CHOWLA & Sh. N.K. BILLAIYA
आदेश आदेश / ORDER आदेश आदेश
PER SUSHMA CHOWLA, VP This bunch of four appeals filed by the assessee are against the order of CIT(A)-IV, Kanpur, dated 21/11/2017, assessment years 2012-13 to 2015-16.
In these appeals, the assessee is aggrieved by the order of CIT(A) for deciding the appeals ex-parte qua the assessee and without going into the merits of the addition.
The learned AR for the assessee pointed out that the CIT(A) has passed the ex-parte order without allowing sufficient opportunity of hearing and without going into the merits of the case.
The learned DR for the Revenue on the other hand pointed out that sufficient opportunity has been afforded to the assessee.
We have heard the rival contentions and perused the record. Under the provisions of Section 250(6) of the Income tax Act, 1961 (in short “Act”), it is incumbent upon the CIT(A) to decide the appeal after hearing the parties and state the points for determination, the decision thereon and also the reasons for the decision. While deciding the appeal, CIT(A) has no power to dismiss the appeal for non prosecution by relying on the ratio/s laid down in CIT vs. B.N. Bhattacharya & Another 118 ITR 461 (SC) and Late Tukoji Rao Holker vs. CWT 223 ITR 480 (MP). In these facts and circumstances, where the CIT(A) had dismissed the appeal by applying the above said ratios, the order of the learned CIT(A) suffers from infirmity. The CIT(A) while deciding the issue on merits have also to give reasons for coming to the conclusion and in the absence of the same, the order of the CIT(A) again suffers from infirmity. In the present appeals, we find that the CIT(A) has dismissed the appeals ex-parte qua the assessee and had failed to decide the appeals by passing reasoned assessment order.
Accordingly, we set aside the matter back to the file of the CIT(A) with direction to the CIT(A) to decide the issue on merits by a reasoned order, after affording reasonable opportunity of hearing to the assessee. Further the assessee is also directed to appear before the CIT(A) and participate in the appellate proceedings. The appeals are thus decided on this preliminary issue without going into the merits of the addition.
Hence these appeals are restored back to the file of CIT(A) to decide the issue on merits after affording reasonable opportunity of hearing to the assessee. The assessee is also directed to comply with notices issued by the CIT(A). The preliminary issue raised in these appeals is thus decided in favour of assessee. Since the appeals are being decided on the preliminary issue, we are not addressing the issue raised on merit.
In the result, all appeals of the assessee are allowed.
Order pronounced in the open court on 27th day of January, 2020.
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