ATTU PURATT ISMAIL,THALASSERY vs. INCOME TAX OFFICER, WARD-2, KANNUR, KANNUR

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ITA 302/COCH/2024Status: DisposedITAT Cochin09 December 2024AY 2011-12Bench: SHRI INTURI RAMA RAO (Accountant Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT(A) is duty-bound to dispose of an appeal on merits even when dismissing it ex-parte. Therefore, the matter needs to be remanded back to the CIT(A) for a fresh decision on merits.

What were the facts?

The assessee, a partner in a gold business, failed to file an income tax return for AY 2011-12. The AO completed the assessment ex-parte, adding Rs. 37,50,000 as unexplained investment. The CIT(A) dismissed the assessee's appeal ex-parte for non-prosecution.

What were the issues?

Whether the CIT(A) erred in dismissing the appeal ex-parte without deciding on merits. The obligation of the CIT(A) to decide appeals on merits even when ex-parte.

Which sections of the Income-tax Act were involved?

Section 142(1),Section 144

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Cases cited in this judgment(1)Show list

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Income Tax Appellate Tribunal, COCHIN BENCH

Before: SHRI INTURI RAMA RAO, AM

For Respondent: Smt. Leena Lal, Sr. D.R
Hearing: 09.12.2024Pronounced: 09.12.2024

O R D E R This appeal filed by the assessee is directed against the order of the National Faceless Appeal Centre, Delhi [CIT(A)] dated 06.02.2024 for Assessment Year (AY) 2011-12.

2.

Brief facts of the case are that the assessee is a partner of M/s. Swarnanjali Gold, Kalpatta. The assessee did not file the return of income for AY 2011-12. The Income Tax Officer, Ward -2, Kannur (hereinafter “the AO”) issued notices u/s. 142(1) of the Income Tax Act, 1961 (the Act) to the assessee, to which the assessee did not respond. Therefore a show cause notice was issued to the assessee on

3.

Being aggrieved, an appeal was filed before the CIT(A), who vide the impugned order dismissed the appeal exparte for non prosecution placing on the decision of the Hon'ble Supreme Court in the case of CIT vs. B.N. Bhattacharjee & Others [1979] 118 ITR 461and few other judgements.

4.

Being aggrieved, the assessee is in appeal before the Tribunal in the present appeal. The learned A.R. has filed a letter seeking adjournment on the ground the senior partner of the CA firm is out of country. The request for adjournment is declined, as the matter can be disposed of without entering into the merits, as the CIT(A) has disposed of the appeal without entering into the merits of the case.

5.

I find that the learned CIT(A) dismissed the appeal in limine for non prosecution. It is the settled position of law that the CIT(A), even while disposing of the appeal exparte, is duty bound to dispose of the appeal on merits. Reliance in this regard can be placed on the decision of the Hon'ble Bombay High Court in the case of PCIT vs. Premkumar Arjundas Luthra 279 CTR 614. Therefore, in the light of the above legal position I am of the considered view that the matter requires to be remanded to the file of the CIT(A) with the direction to dispose of the appeal de novo on merits after affording reasonable opportunity of hearing to the assessee.

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