FIMO INDIA PVT. LTD.,DELHI vs. ITO, NEW DELHI

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ITA 827/DEL/2017Status: DisposedITAT Delhi25 May 2017AY 2012-132 pages
AI SummaryRemanded

What did the Tribunal hold?

The ITAT held that the CIT(A) is required to pass a reasoned order, even if the assessee does not appear. Dismissing an appeal solely for non-prosecution without providing reasons is not sustainable in law.

What were the facts?

The assessee's appeal before the CIT(A) was dismissed for non-prosecution as the authorized representative sought an adjournment and later did not attend the proceedings. The assessee appealed this dismissal to the ITAT.

What were the issues?

Whether the CIT(A) can dismiss an appeal for non-prosecution without passing a reasoned order. The obligation of the CIT(A) to provide a reasoned decision even in the absence of the assessee.

Which sections of the Income-tax Act were involved?

Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH - ‘SMC’ NEW DELHI

Before: SHRI BHAVNESH SAINI

For Respondent: Ms. Badobani, Sr. DR
Hearing: 25/05/2017Pronounced: 25/05/2017

This appeal by the assessee has been directed against the order of Ld.

CIT(A) – 3, Delhi dated 9.11.2016 for assessment year 2012-13. The Ld. CIT(A) noted in the impugned order that the appeal was fixed for hearing and authorized representative sought adjournment and later on did not attended the proceedings before him. Ld. CIT(A) therefore noted that assessee is not interested in prosecuting the appeal and accordingly dismissed the appeal of assessee for non prosecution.

2.

After hearing Ld. DR, I am of the view matter requires reconsideration at the level of Ld. CIT(A). According to Section 250 (6) of I.T. Act, Ld. CIT(A) is Page 1 of 2 required to pass reasoned order give reasons for the decision in the appellate order. Therefore even if assessee did not appear before him, Ld. CIT(A) is under obligation to pass the order giving reasons for the same. If Ld. CIT(A) dismissed the appeal of assessee for non prosecution only, such order cannot be sustained in law. The matter therefore requires reconsideration. I accordingly set aside the impugned order and restore the appeal of the assessee to his file with direction to re-decide appeal of assessee on merits giving reasons for decision in the appellate order by giving reasonable sufficient opportunity of being heard to the assessee.

3.

In the result appeal of assessee is allowed for statistical purposes.

Pronounced in the Open Court.

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