M/S. S.S. FAMILY TRUST,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1), BANGALORE
What did the Tribunal hold?
The Tribunal found that the CIT(A) had dismissed the appeal in limine without considering the merits and that the assessee claimed no hearing notice was served. In the interest of justice, the issues were restored to the CIT(A) for a fresh decision.
What were the facts?
The assessee, a private family trust, received a notice under Section 148 for AY 2006-2007 on 09.04.2013, which they contended was time-barred. The CIT(A) dismissed the appeal for non-prosecution without deciding on merits.
What were the issues?
Whether the notice under Section 148 was barred by limitation, and whether the CIT(A) erred in dismissing the appeal for non-prosecution without a decision on merits.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, BANGALORE BENCHES “SMC-A”, BANGALORE
Before: Shri George George K
O R D E R This appeal at the instance of the assessee is directed against CIT(A)’s order dated 11.04.2018. The relevant assessment year is 2006-2007.
Two issues are raised in this appeal, viz.,
(i) notice u/s 148 of the I.T.Act is barred by limitation; (ii) the CIT(A) dismissed the appeal in limine for non- prosecution without deciding the case on merits, which is against the principles of natural justice and jurisprudence.
The brief facts of the case are as follow: The assessee is a private family trust. For the assessment year 2006-2007, the Assessing Officer issued notice dated 26.03.2013 u/s 148 of the I.T.Act, 1961. In response to the M/s.S.S.Family Trust said notice, the assessee-trust vide letter dated 25.04.2013 contended that the said notice issued u/s 148 of the I.T.Act was served only on 09.04.2013 and it is time barred for reopening the assessment for assessment year 2006-2007. On merits it was contended that the liability to capital gains arises only when the assessee / owner sells the share of the building and since there was no sale of super built up area by the assessee, there can be no liability for capital gain in relevant assessment year. The Assessing Officer did not adjudicate upon the validity of the notice issued u/s 148 of the I.T.Act. The A.O. passed an order u/s 143(3) r.w.s. 147 of the I.T.Act on 29.03.2014 by determining the taxable income at Rs.5,32,526.
Aggrieved by the assessment order, the assessee preferred appeal to the first appellate authority. The CIT(A) dismissed the assessee’s appeal in limine for non-prosecution by the assessee-trust.
Aggrieved by the order of the CIT(A), the assessee has preferred this appeal before the Tribunal. The learned Counsel for the assessee submitted that the CIT(A) has erred in dismissing the appeal in limine since no hearing notice was served on the assessee-trust. It was submitted that the order of the CIT(A) was not served on the assessee-trust and the assessee-trust came to know about the passing of the said order only when it received a letter dated 12.11.2020 from the Assistant Commissioner of Income-tax, for intimating the assessee-trust about the Direct Tax Vivad se Viswas Scheme.
M/s.S.S.Family Trust A copy of the said letter is placed on record. It was further submitted that the assessee-trust approached Tax Consultant and downloaded the order from the Income Tax Portal only on 12.11.2020, hence, the effective date of service of CIT(A) order is only on 12.11.2020. On merits it was contended that the order passed u/s 143(3) r.w.s. 147 of the I.T.Act is barred by limitation since the notice issued u/s 148 of the I.T.Act was beyond the prescribed time.
The learned Standing Counsel supported the orders of the Income Tax Authorities.
I have heard the rival submissions and perused the material on record. Admittedly, the CIT(A)’s order has not considered the issue on merits and has dismissed the appeal in limine for want of prosecution of appeal by the assessee- trust. It is the claim of the assessee that hearing notice before the CIT(A) was not served. I find only one hearing was given to the assessee before the CIT(A) (i.e. on 11.04.2018). In the interest of justice and equity, I am of the view that one more opportunity should be granted to the assessee. Accordingly, the issues raised in this appeal are restored to the files of CIT(A). The assessee is directed to cooperate with the Revenue Authorities and shall not seek unnecessary adjournment. The CIT(A) is directed to take decision in accordance with law, after affording a reasonable opportunity of hearing to the assessee. It is ordered accordingly.
More judgments on Section 148
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
Recent GST High Court judgments
Search GST case law →- Dwaraka Jewellers, Bhubaneswar vs. Superintendent, CGST And Central Excise, BhubaneswarOrissa · 31 Oct 2026
- M/S N D Waddar And Co vs. Sri Gaurav GuptaKarnataka · 30 Oct 2026
- Kanwar Enterprises Private Limited vs. The Joint Commissioner - State TaxTelangana · 30 Oct 2026
- M/S. Bangi Mines And Minerals vs. The State Of TelanganaTelangana · 30 Oct 2026
- M/S. Arka Business Solutions vs. Principal Commissioner Of CustomsTelangana · 30 Oct 2026