KUDUMBI MAHAJANA SABHA,VYPIN vs. ITO,NON CORP WARD2(4) & TPS , KOCHI

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ITA 706/COCH/2025Status: DisposedITAT Cochin10 November 2025AY 2022-23Bench: SHRI INTURI RAMA RAO (Accountant Member)1 pages
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What did the Tribunal hold?

The Tribunal held that the CIT(A) cannot dismiss an appeal solely for non-prosecution without deciding it on merits. Citing Section 250(6), the Tribunal stated that the CIT(A) is obligated to frame points of determination and discuss the appeal on merits. Consequently, the case was remanded back to the CIT(A) for a fresh disposal on merits after providing a reasonable opportunity of hearing to the assessee.

What were the facts?

The appellant, an unregistered society, filed an ITR which was processed by the CPC, levying maximum marginal tax. Their petition under Section 154 was rejected, leading them to file an appeal before the CIT(A), who subsequently dismissed it for non-prosecution.

What were the issues?

Whether the CIT(A) can dismiss an appeal for non-prosecution without deciding it on merits and without framing points of determination as mandated by the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 154,Section 250(6)

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Income Tax Appellate Tribunal, COCHIN BENCH

Before: SHRI INTURI RAMA RAO, AM

For Appellant: Shri S. Venugopal, CA
For Respondent: Smt. Leena Lal, Sr. D.R
Hearing: 03.11.2025Pronounced: 10.11.2025

O R D E R These appeals filed by the assessee are directed against different orders of the Commissioner of Income Tax (Appeals), Jodhpur all dated 06.08.2025 for Assessment Years (AY) 2018-19 & 2021-22 to 2023-24.

2.

Since identical issues and facts are involved in these appeals, they are heard together and disposed of by this common order.

3.

For the sake of convenience and clarity the facts relevant to the appeal bearing for AY 2018-19 are stated herein.

1.

to 707/Coch/2025 Kudumbi Mahajana Sabha 4. Brief facts of the case are that the appellant is an unregistered society. The return of income for AY 2018-19 was filed on 26.07.2018 disclosing an income of Rs. 3,61,250/-. The said return of income was processed by the CPC vide intimation dated 31.05.2019 levying maximum martial rate of tax. On receipt of the said intimation, petition u/s. 154 of the Income Tax Act, 1961 (the Act) was filed. The said petition was rejected vide order dated 03.07.2024.

5.

Being aggrieved, an appeal was filed before the CIT(A), who vide the impugned order dismissed the appeal for non prosecution.

6.

Being aggrieved, the appellant is in appeal before this Tribunal in the present appeal.

7.

I find that the learned CIT(A) dismissed the appeal in limine for non prosecution. As contemplated u/s. 250(6) of the Act the CIT(A) is required to frame points of determination followed by a detailed discussion thereupon before passing the order. It is the settled position of law that the CIT(A), even while disposing of the appeal exparte, is duty bound to dispose of the appeal on merits. Reliance in this regard can be placed on the decision of the Hon'ble Bombay High Court in the case of PCIT vs. Premkumar Arjundas Luthra 279 CTR 614. Therefore, in the light of the above legal position I am of the considered view that the matter requires to be remanded to the file of the CIT(A) with the direction to dispose of the appeal de novo on

8.

Since identical issues and facts are involved in assessee’s appeals to 707/Coch/2025, our findings in shall apply mutatis mutandis to this appeal also.

9.

In the result, the appeals filed by the assessee stand partly allowed for statistical purposes.

Order pronounced in the open court on 10th November, 2025.

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