ASIA PRAQGATI CAPFIN P.LTD,NOIDA vs. DCIT, CIRCLE-3(2), NEW DELHI
What did the Tribunal hold?
The tribunal held that the CIT(A) erred by dismissing the appeal ex-parte and failing to provide a reasoned order. The CIT(A) must decide the appeal on merits after giving a reasonable opportunity of hearing.
What were the facts?
The assessee's appeal was decided ex-parte by the CIT(A) without a proper hearing or consideration of the merits. The assessee did not appear, while the Revenue argued that sufficient opportunity was given.
What were the issues?
Whether the CIT(A) can dismiss an appeal ex-parte without deciding on merits and providing a reasoned order. The adequacy of the opportunity of hearing provided to the assessee.
Which sections of the Income-tax Act were involved?
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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 / ORDER आदेश आदेश आदेश
PER SUSHMA CHOWLA, VP The appeal filed by the assessee is against the order of CIT(A)-32, New Delhi, dated 26/10/2018, relating to assessment year 2014-15.
In this appeal, the assessee is aggrieved by the order of CIT(A) for deciding the appeal ex-parte qua the assessee and without going into the merits of the addition.
None appeared on behalf of the assessee and we find 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 Ld. DR for the Revenue 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 appeal, we find that the CIT(A) has dismissed the appeal ex-parte qua the assessee and had failed to decide the appeal 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 appeal is thus decided on this preliminary issue without going into the merits of the addition.
Hence this appeal is 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 this appeal is thus decided in favour of assessee. Since the appeal is being decided on the preliminary issue, we are not addressing the issue raised on merit.
In the result, this appeal of the assessee is allowed.
Order pronounced in the open court 27th day of January, 2020.
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