PROVASH ADHIKARI,KOLKATA vs. ITO, WARD 46(4), KOLKATA

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ITA 148/KOL/2024Status: DisposedITAT Kolkata29 November 2024AY 2011-12Bench: SONJOY SARMA, JUDICIAL MEMBER & SRI RAKESH MISHRA (Accountant Member)10 pages
AI SummaryRemanded

What did the Tribunal hold?

The tribunal held that the CIT(A) is obligated to decide the appeal on merits and cannot dismiss it for non-prosecution. The CIT(A) must pass a speaking order addressing all grounds raised by the assessee.

What were the facts?

The assessee's appeal before the CIT(A) was dismissed for non-prosecution due to non-compliance with notices. The CIT(A) did not decide the appeal on merits, despite the assessee raising grounds challenging the reassessment proceedings and the addition made.

What were the issues?

Whether the CIT(A) can dismiss an appeal for non-prosecution instead of deciding it on merits, and the extent of the CIT(A)'s powers in disposing of an appeal.

Which sections of the Income-tax Act were involved?

Section 250(6),Section 251(1)(a),Section 251(2)

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, KOLKATA ‘C’ BENCH, KOLKATA

Before: SONJOY SARMA & SRI RAKESH MISHRA

order

: November 29th, 2024 ORDER

PER RAKESH MISHRA, ACCOUNTANT MEMBER:

1.

The present appeal filed by the assessee is against the order of the Commissioner of Income Tax (Appeals)-NFAC, Delhi [hereinafter referred to as the ‘ld. CIT(A)’] for AY 2011-12 dated 28.11.2023 arising out of the assessment order framed u/s 143(3)/147 of the Act dated 26.12.2018.

2.

The brief facts of the case of the assessee as mentioned in the order of the Ld. CIT(A) are as under: “The assessee filed his return showing a total income of Rs.2,43,444/-. The matter was selected for scrutiny and finally the assessment proceedings was completed by making various additions as under- Page 2 of 10 Page 3 of 10 The Ld. CIT(A) did not go into the rest of the grounds of appeal, which were found to be general in nature nor has given any specific comments on the merits of the case. We also note that the Ld. AO made the addition by giving the following finding, which is mentioned in para 4 of the appellate order and is reproduced as under: “Information received from DDIT (Inv.) Koi. regarding huge cash deposits about Sri Provash Adhikari during the Asstt. Year 2011-12 undisclosed income of the assesse through unexplained cash credit amounting to Rs. 93,57,008/-. In this case-initiated proceedings u/s. 147 of I.T. Act 1961. Necessary approval obtained from PR. CIT-16, Kol. Reason recorded and Notice u/s 148 issued to assessee on 30/03/2018. Thereafter notice u/s. 142(1) and Notice u/s. 143(2) issued and served on assessee. As per requisition of assessee reason of re-opening supplied on 22/06/2018 In response to notice u/s. 148 assesse filed ITR -V on 03/12/2018 through on-line. Notice u/s. 142(1) issued on 31/10/2018, notice u/s. 143(2) issued on 21/12/2018 and served on the assesse through on-line.

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