KUMAR JANARDHAN NAIR,THRISSUR vs. ASSESSING OFFICER 2(3), THRISSUR
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Income Tax Appellate Tribunal, COCHIN BENCH
Before: SHRI INTURI RAMA RAO, AM & SHRI PRAKASH CHAND YADAV, JM
IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH
BEFORE SHRI INTURI RAMA RAO, AM AND SHRI PRAKASH CHAND YADAV, JM
ITA No. 41/Coch/2024 Assessment Year: 2014-15 Kumar Janardhan Nair 29/508, Lekshmee Nilayam Shoranur Road, Thrissur 680022 [PAN: ACSPN6204F] .......... Appellant Vs. The Income Tax Officer Ward - 2(3), Thrissur .......... Respondent Appellant by: ------- None ------- Respondent by: Smt. Leena Lal, Sr. D.R. Date of Hearing: 20.11.2024 Date of Pronouncement: 29.11.2024
O R D E R Per: Inturi Rama Rao, AM This appeal filed by the assessee is directed against the order of the National Faceless Appeal Centre, Delhi [CIT(A)] dated 29.11.2023 for Assessment Year (AY) 2014-15.
Brief facts of the case are that the assessee had purchased 2 pension policies from Bajaj Life Insurance Company on 16.04.2010 for Rs. 7,50,000/- and Rs. 40,00,000/-. He closed these policies before maturity and the premature value was received during the financial year 2013-14 relevant to AY 2014-15. The Income Tax
2 ITA No. 41/Coch/2024 Kumar Janardhan Nair Officer, Ward – 2(3), Thrissur (hereinafter “the AO”) added the same under the head “salary” to returned income.
Being aggrieved, an appeal was filed before the CIT(A), who vide the impugned order dismissed the appeal for non prosecution.
At the outset se find that the CIT(A) has dismissed the appeal in limine for non prosecution by the assessee without dealing with the issues in the appeal on merits. 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, even in the absence of the assessee. 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 we are of the considered view that the matter is required to be remanded to the file of the CIT(A) with a direction to dispose of the appeal de novo on merits after affording reasonable opportunity of hearing to the assessee.
In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open court on 29th November, 2024 Sd/- Sd/- (PRAKASH CHAND YADAV) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER Cochin, Dated: 29th November, 2024 n.p.
3 ITA No. 41/Coch/2024 Kumar Janardhan Nair Copy to:
The Appellant 2. The Respondent 3. The Pr. CIT concerned 4. The Sr. DR, ITAT, Cochin 5. Guard File By Order
Assistant Registrar ITAT, Cochin
