LAXMI NARAYAN PACKAGING INDUSTRIES,GUWAHATI vs. THE INCOME TAX OFFICER, WARD - 2(1), GUWAHATI, GUWAHATI

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ITA 60/GTY/2024Status: DisposedITAT Guwahati20 January 2025AY 2017-18Bench: SRI DUVVURU RL REDDY, VICE PRESIDENT (KZ) & SRI RAKESH MISHRA (Accountant Member)13 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT(A) cannot dismiss an appeal for non-prosecution and is obligated to decide the appeal on merits after giving a proper opportunity of being heard. The matter was remitted back to the CIT(A).

What were the facts?

During a survey, the assessee's partner disclosed undisclosed income of Rs. 65,00,000/- for AY 2017-18, which was later retracted. The Assessing Officer made an addition based on this disclosure, which the CIT(A) confirmed ex-parte without a proper hearing.

What were the issues?

Whether the CIT(A) was justified in dismissing the appeal ex-parte without providing a proper opportunity of hearing, and whether the addition made on the basis of a retracted disclosure during a survey is valid.

Which sections of the Income-tax Act were involved?

Section 133A,Section 143(3),Section 250,Section 251

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Income Tax Appellate Tribunal, GUWAHATI BENCH AT KOLKATA

Before: SRI DUVVURU RL REDDY(KZ) & SRI RAKESH MISHRA

order

: January 20th, 2025 ORDER

PER RAKESH MISHRA, ACCOUNTANT MEMBER:

1.

This appeal filed by the assessee is against the order of the Ld. Commissioner of Income Tax (Appeals)-Central. NER, Guwahati [hereinafter referred to as “the Ld. CIT(A)”] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for AY 2017-18 dated Page 3 of 13 Page 5 of 13 Page 8 of 13 Page 9 of 13 “7. An appeal is filed with the CIT(A) from appealable orders listed in Section 246A of the Act. We find that the procedure in appeal before the CIT(A) and the powers of the CIT(A) are governed by Sections 250 and 251 of the Act respectively. The relevant provisions for consideration are as under:— 'Procedure in appeal 250 (1) . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . (4) The Commissioner (Appeals) may, before disposing of any appeal, make such further inquiry as he thinks fit, or may direct the Assessing Officer to make further inquiry and report the result of the same to the Commissioner (Appeals). (5) . . . . . . . . . . . . . . . . . . (6) The order of the Commissioner (Appeals) disposing of the appeal shall be in writing and shall state the points for determination, the decision thereon and the reason for the decision. (6A) . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . Powers of the Commissioner (Appeals)

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