MONICA RANA,NEW DELHI vs. ITO, WARD-2(2), NEW DELHI
What did the Tribunal hold?
The tribunal held that the CIT(A) should have decided the appeal on merits even if the assessee did not appear. The case was deemed fit for restoration to the Assessing Officer.
What were the facts?
The assessee's appeal before the CIT(A) was dismissed in limine without deciding the grounds of appeal. The original assessment was framed ex-parte under Section 144 of the Income-tax Act.
What were the issues?
Whether the CIT(A) erred in dismissing the appeal without deciding on merits, and if the assessment should be restored to the Assessing Officer.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI ‘A-SMC’ BENCH,
Before: SHRI N.K. BILLAIYA, & SHRI KULDIP SINGH
PER N.K. BILLAIYA, ACCOUNTANT MEMBER,
This appeal by the assessee is preferred against the order of the Commissioner of Income Tax [Appeals]-1, Noida dated 30.11.2017 pertaining to assessment year 2009-10.
The sum and substance of the grievance of the assessee is that the ld. CIT(A) has grossly erred in not deciding the grounds of appeal taken before him vide Form No. 35.
Facts on record show that assessment was framed u/s 144 of the Income-tax Act, 1961, which means that it was an ex-parte assessment.
When the assessment was agitated before the CIT(A), the CIT(A) dismissed the appeal in limine.
In our considered opinion, even if the assessee did not appear before the appellate authority, the appellate authority should have decided the appeal on merits of the case when specific grounds were taken before him vide Form No. 35.
We find this case to be fit for restoration to the Assessing Officer since the Assessing Officer has also framed assessment ex-parte. We, therefore, set aside the assessment and direct the Assessing Officer to decide the issue afresh after giving reasonable and proper opportunity of being heard to the assessee.
In the result, the appeal filed by the assessee in is allowed for statistical purpose.
The order is pronounced in the open court on 29.08.2018.
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