SUBHADRA ATMARAM MOKASHE,PUNE vs. DCIT CEN CIR 39, MUMBAI
What did the Tribunal hold?
The Tribunal held that the CIT(A), as a quasi-judicial authority, cannot dismiss an appeal for default but must decide it on merits, even in the absence of the assessee. The CIT(A)'s order was set aside.
What were the facts?
The assessee's appeal before the CIT(A) was dismissed ex-parte due to non-cooperation and non-appearance, despite the assessee filing written submissions. The CIT(A) also made observations on merits without deciding the appeal on the merits of the case.
What were the issues?
Whether the CIT(A) can dismiss an appeal for default or non-cooperation without deciding the appeal on merits. Whether the CIT(A) order was a speaking order.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “E” BENCH, MUMBAI
O R D E R
PER MAHAVIR SINGH, JM:
This appeal by the assessee is arising out of the order of CIT (A)-36, Mumbai in appeal No. CIT(A)-36/IT-265/11-12 dated 27-09-2013. The Assessment was framed by DCIT Central Circle-39, Mumbai for the A.Y. 2006-06 vide order dated 29-12-2010 u/s 143(3) r. w. s. 153C of the Income Tax Act, 1961 (hereinafter ‘the Act’).
At the outset it is noticed that the first ground of appeal
of assessee is as regards to the order of CIT(A) passing ex-parte order and non-speaking order. The CIT(A) order is also not on merits. The assessee has raised following two grounds: - “1. In the facts and circumstances of the case and in law the learned CIT(A) has erred in passing the expert order on the alleged ground of non-cooperation on the part of the appellant. All the observations/ findings/ conclusions drawn by the learned CIT(A) in this regard being false and contrary to the records the same may please be deleted and consequently the impugned order passed by the learned CIT(A) may please be set aside and the matter may please be restored to the file of the learned CIT(A) for deciding the same afresh.
2. The learned CIT(A) ought to have considered the voluminous written submissions field before him by the appellant during the appellate proceedings and ought to have decided the appeal on merits. The impugned appellate order passed by the learned CIT(A) being bad in law and without jurisdiction the same may please be vacated.”
3. We have gone through the orders of CIT(A) and noted that the CIT(A) vide Para 5 of his appellate order noted as under: - “5. From the above conduct of the appellant, it is clear that the appellant is approaching the appeal in very casual manner and is not interested in perusing the same. Inspite of being given repeated opportunities covering a span of nearly 2 years starting from October, 2011 to September, 2013 the appellant has failed to appear. This shows that the appellant is absolutely indifferent and casual to appellate proceedings.” Further, the CIT(A) dismiss the appeal in default without going on merits by observing in Para 7 and 7.1 as under: - “7. Even on merits the appeal deserves to be dismissed. 7.1 The appellant has not cooperated during the assessment proceedings and neither in the appellate proceedings here. The AO in his 11-page assessment order has very clearly brought out all the facts, given a show cause and then assessed the total income at Rs.10,66,708/-. Therefore, the order of the AO is confirmed on the total income assessed at Rs.10,66,708/-. Therefore, the appeal is liable to be dismissed.”
4. From the above it is clear that the order of CIT(A)’s order is not on merits and dismissed for default of the assessee. We are of the view that the CIT(A) is a quasi judicial authority under the Income Tax Act and the Act does not authorize a quasi judicial authority to dismiss the appeal for default by inevitable implication but the appellate authority has to decide the appeal on merits and not to dismiss it for default. The appellate authority has no jurisdiction to dismiss appeal for default but bound to decide the appeal on merits even in the absence of assessee. Accordingly, we set aside the order of CIT(A) and remand the matter back to him for deciding afresh after allowing opportunity of being heard to the assessee. In case the assessee does not appear he can decide on merits but after allowing reasonable opportunity. This appeal of assessee is allowed for statistical purpose.
In the result, the appeal of the assessee is allowed for statistical purpose. Order pronounced in the open court on 30-11-2016.
More judgments on Section 153C
- Neepaben Sunnybhai Motwani, Rajkot vs Income Tax Officer, RajkotITA 875/RJT/2026[2021-22]Status: Disposed19 Oct 2026AY 2021-22
- Neepaben Sunnybhai Motwani, Rajkot vs The Income Tax Officer, RajkotITA 874/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Venish Vinodray Lalani, Rajkot vs Income Tax Officer, MorbiITA 197/RJT/2026[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Ajay Singh, Kota vs DCIT, Central Circle, KotaITA 495/JPR/2026[2016-17]Status: Disposed13 Oct 2026AY 2016-17
- Dineshkumar Chhaganlal Manavadaria, Junagadh vs ITO Ward 1, JunagadhITA 837/RJT/2025[2020-21]Status: Disposed9 Oct 2026AY 2020-21
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