MANISH KUMAR AGARWAL,NOIDA vs. DCIT, CENTRAL CIRCLE, NOIDA

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ITA 1313/DEL/2018Status: DisposedITAT Delhi20 December 2019AY 2011-124 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT(A) had erred by deciding the appeals ex parte without providing sufficient opportunity of hearing and without deciding on merits. The order of the CIT(A) was set aside.

What were the facts?

The assessee filed appeals against the CIT(A) order which decided the appeals ex parte. The assessee was aggrieved by the ex parte decision without going into the merits of the additions.

What were the issues?

Whether the CIT(A) can dismiss an appeal for non-prosecution without deciding on merits and providing a reasoned order.

Which sections of the Income-tax Act were involved?

Section 250(6)

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Income Tax Appellate Tribunal, DELHI BENCH, ‘G’, NEW DELHI

Before: MS. SUSHMA CHOWLA & Sh. N.K. BILLAIYA

Hearing: 18.12.2019Pronounced: 20.12.2019

PER SUSHMA CHOWLA, JM:

1.

This bunch of five appeals are filed by assessee against order of the CIT(A)-IV, Kanpur, dated 14/12/2017, relating to assessment years 2010- 11 to 2014-15.

2.

The present bunch of appeals has been listed for hearing and we proceed to decide the same by this consolidated order for the sake of convenience.

3.

In this bunch of 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.

4.

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.

5.

The learned DR for the Revenue on the other hand pointed out that sufficient opportunity has been afforded to the assessee.

6.

We have heard Ld. DR for the Revenue and perused the record.

Under the provisions of Section 250(6) of the Act, it is incumbent upon the CIT(A) to decide the appeals after hearing the parties and state the points for determination, the decision thereon and also the reasons for the decision. While deciding the appeals, 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 provide 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 bunch of appeals, we find that 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.

7.

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.

8.

Hence this bunch of appeals are restored back to the file of respective CIT(A)/s 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 all the 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.

9.

In the result, all the appeals of the assessee are allowed.

Order pronounced in the open court on 20th day of December, 2019

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