DAMINSON DANIAL,GHAZIABAD vs. ITO, WARD- 1(2), GHAZIABAD
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
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 before the CIT(A) were decided ex-parte without considering the merits of the additions. The assessee contended that they were not given sufficient opportunity of hearing.
What were the issues?
Whether the CIT(A) can dismiss an appeal ex-parte without deciding on merits and providing a reasoned order. Whether sufficient opportunity of hearing was provided to the assessee.
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 ‘G’, NEW DELHI
आदेश आदेश / ORDER आदेश आदेश
PER SUSHMA CHOWLA, JM:
Both appeals filed by assessee are against separate orders of CIT(A), Ghaziabad dated 28.12.2017 & 14.12.2017 relating to assessment years 2013-14 & 2014-15 respectively.
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 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 appeals 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 appeals 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 these 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 both 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 are thus decided in favour of assessee. Since both appeals are being decided on the preliminary issue, we are not addressing the issue raised on merit.
In the result, both appeals of the assessee are allowed.
Order pronounced in the open court on 17th day of December, 2019.
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