VIJAY SHANKAR BHONDAVE,PUNE vs. THE INCOME TAX OFFICER, WARD 9(1), PUNE, PUNE
What did the Tribunal hold?
The ITAT found that the CIT(A)/NFAC failed to follow statutory requirements by dismissing the appeal for non-prosecution instead of deciding it on merits. The case was restored to the CIT(A)/NFAC for a fresh decision.
What were the facts?
The assessee's appeal before the CIT(A)/NFAC was dismissed for non-prosecution without a decision on merits. The assessee did not appear for the hearing before the ITAT.
What were the issues?
Whether the CIT(A)/NFAC's order dismissing the appeal for non-prosecution without deciding on merits is valid. The procedural requirement for the CIT(A)/NFAC to pass 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, PUNE BENCH “B”, PUNE
Before: SHRI R. K. PANDA & SHRI VINAY BHAMORE
This appeal filed by the assessee is directed against the order dated 12.01.2024 of the CIT(A) / NFAC, Delhi relating to assessment year 2013-14.
Although a number of grounds have been raised by the assessee, however, these all relate to the ex-parte order of CIT(A) / NFAC confirming the addition of Rs.61,56,194/- made by the Assessing Officer.
None appeared on behalf of the assessee at the time of hearing despite service of notice through the mail.
The Ld. DR at the outset submitted that it is an ex-parte order passed by the CIT(A) / NFAC.
After hearing the Ld. DR, we deem it proper to decide the appeal on the basis of material available on record. A perusal of the findings of the CIT(A) / NFAC shows that he has dismissed the appeal for non prosecution but has not decided the appeal on merits. As per the provisions of section 250(6) of the Income Tax Act, 1961, the order of the CIT(A) / NFAC disposing of the appeal shall be in writing and shall state the points for determination, decision thereon and reasons for its decision. However, in the instant case the CIT(A) / NFAC has not followed the statutory requirements as per the above provisions, but has simply dismissed the appeal for non-prosecution. Under these circumstances, we deem it proper to restore the issue to the file of the CIT(A) / NFAC with a direction to give one final opportunity to the assessee to substantiate his case and decide the appeal as per fact and law by passing a speaking order as per the mandate of the provisions of section 250(6) of the IT Act. The assessee is also hereby directed to submit the details on the date of hearing without seeking any adjournment under any pretext, failing which the CIT(Exemption) is at liberty to pass appropriate order as per law. We hold and direct accordingly. The grounds of appeal raised by the assessee are accordingly allowed for statistical purposes.
In the result, the appeal filed by the assessee is allowed for statistical purposes.
Order pronounced in the open Court on 27th June, 2024.
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