SMT. C.S. LATHA,MANDYA vs. ITO, MANDYA

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ITA 787/BANG/2015Status: DisposedITAT Bangalore26 August 2016AY 2003-043 pages
AI SummaryRemanded

What did the Tribunal hold?

The ITAT set aside the CIT(A)'s order and restored the matter to the CIT(A)'s file. The CIT(A) was directed to re-adjudicate the issues on merit after providing the assessee an opportunity to be heard.

What were the facts?

The assessee's appeals before the CIT(A) were dismissed summarily due to non-appearance, without addressing the merits of the case. The ITAT noted that the CIT(A) is required to decide appeals on merit even in the absence of the assessee.

What were the issues?

Whether the CIT(A) was justified in dismissing the appeal summarily without deciding on merit. The requirement for the CIT(A) to decide appeals on merit even if the assessee does not appear.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BANGALORE BENCH ‘B’

Before: SRI. SUNIL KUMAR YADAV & SRI. ARUN KUMAR GARODIA

Hearing: 23.08.2016Pronounced: 26.08.2016

O R D E R PER SUNIL KUMAR YADAV, J.M

These appeals are preferred by the Assessee, against the order of the CIT(A) on common grounds, against the levy of penalty u/s. 271(1) (c) of the I.T Act (hereinafter called as an act).

ITA 787 to 789/Bang/15 Page 2 of 3 2 During the course of hearing the learned counsel for the assessee has invited our attention that the CIT(A) has dismissed the assessee’s appeals summarily on account of non appearance of assessee without dealing with the issues on merit. The Ld. DR did not dispute the facts.

3 Having carefully examined the orders of lower authorities in the light of rival submissions, we find that CIT(A) has dismissed the appeals of the assessee in limine without dealing with the issues on merit. Under the IT Act, the CIT(A) is required to decide the issues on merit even if none appears on behalf of the assessee. Since the CIT(A) has not decided the appeal on merit, we set aside his order and restore the matter to his file with a direction to re-adjudicate the issues on merit, after affording opportunity of being heard to the assessee. Accordingly appeals of the Assessee stand allowed for statistical purposes.

4 In the result the appeals of the assessee are allowed for statistical purposes. Order pronounced in the open court on this 26th August, 2016.

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