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Income Tax Appellate Tribunal, DELHI BENCHES “SMC”: DELHI
Before: SHRI BHAVNESH SAINI
This appeal by Assessee has been directed against the Order of the Ld. CIT(A)-18, New Delhi, Dated 06.02.2019, for the A.Y. 2015-2016.
The Ld. CIT(A) noted in the appellate order that case wa fixed for hearing and initially appeal was adjourned on the request of Counsel for Assessee. Thereafter, there
2 ITA.No.1396/Del./2019 Shri Amit Gupta, New Delhi. were no compliance. The appeal of assessee was, therefore, dismissed for non-prosecution.
After considering the submissions of both the parties, I am of the view that the matter requires reconsideration at the level of the Ld. CIT(A). According to Section 250(6) of the I.T. Act, 1961, the Ld. CIT(A) is required to mention point for determination and reasons for decision in his appellate order. Even if the assessee did not appear before Ld. CIT(A), the Ld. CIT(A) should have to decide the appeal on merits giving reasons for decision in the appellate order. However, the Ld. CIT(A) simply dismissed the appeal of assessee for non-prosecution.
Therefore, the order cannot be sustained in law.
In view of the above, I set aside the impugned order of Ld. CIT(A), New Delhi and restore the appeal of assessee to his file with a direction to re-decide the appeal of assessee in accordance with law, giving reasons for decision in the appellate order by giving reasonable and sufficient opportunity of being heard to the assessee.
3 ITA.No.1396/Del./2019 Shri Amit Gupta, New Delhi.
In the result, appeal of assessee allowed for statistical purposes.
Order pronounced in the open Court.