OPEN MIND SERVICES LTD.,GURGAON vs. ITO, NEW DELHI
What did the Tribunal hold?
The ITAT held that the CIT(A)'s order was unsustainable in law because it lacked proper reasoning. The tribunal set aside the CIT(A)'s order and restored the appeal.
What were the facts?
The assessee's appeal before the CIT(A) was dismissed for non-compliance with hearing notices. The ITAT noted that the CIT(A) failed to provide reasons for the decision as required by law.
What were the issues?
Whether the CIT(A) erred by dismissing the appeal without providing adequate reasons. Whether the CIT(A) complied with the statutory requirement of giving reasons for the appellate order.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH - ‘SMC’ NEW DELHI
Before: SHRI BHAVNESH SAINI
This appeal by the assessee has been directed against the order of Ld.CIT(A) – 11, New Delhi dated 5th December, 2016 for assessment. year 2012-13 challenging the levy of penalty u/s 271(1)(c) of the I.T.
Act. After hearing Ld. DR I, am of the view the matter requires reconsideration at the level of the Ld. CIT(A). Ld. CIT(A) noted the certain dates of hearing on which assessee did not make any compliance to the notices. Ld. CIT(A) therefore noted that assessee is not interested in pursuing the appeal. Therefore the appeal of assessee is dismissed. According to section 250 (6) of the I.T. Act Ld. CIT(A) is Page 1 of 2
Open Mind Services Ltd. vs. ITO required to give reasons for decision in the appellate order even if assessee appears before him or not. Therefore, order of Ld. CIT(A) cannot be sustained in law.
I accordingly set aside the order of Ld. CIT(A) and restore the appeal of assessee to his file with direction to re-decide the appeal of assessee in accordance with law by giving reasons for decision in the appellate order. Ld. CIT(A) shall given reasonable opportunity of being heard to the assessee.
In the result appeal of assessee is allowed for statistical purpose.
Pronounced in the Open Court.
More judgments on Section 271(1)(c)
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
- Shalin Jayantbhai Desai, Vadodara vs ACIT, Circle-4(2), Vadodara Present…ITA 2569/AHD/2026[2010-11]Status: Disposed19 Oct 2026AY 2010-11
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2370/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2369/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
Recent GST High Court judgments
Search GST case law →- The State Of Bihar Through The Commissioner Of State Tax vs. Kaushlendra KumarPatna · 27 Oct 2026
- Ayush Sureshchandra Shah vs. State Of GujaratGujarat · 27 Oct 2026
- Sureshchandra Moolchand Shah vs. State Of GujaratGujarat · 27 Oct 2026
- M/S Larsen And Toubro Limited vs. Joint Commissioner Of Central GST And Anr.Delhi · 27 Oct 2026
- T C Global INDIA Private Limited vs. Principal Commissioner Of Central GST, North DelhiDelhi · 27 Oct 2026