SANJEEV SHARMA,DELHI vs. ACIT, NEW DELHI

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ITA 5546/DEL/2015Status: DisposedITAT Delhi25 November 2015AY 2007-083 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the CIT(A) is required to adjudicate appeals on all grounds, even if the assessee fails to prosecute them. Appeals cannot be dismissed for non-prosecution at the first appellate stage.

What were the facts?

The assessee's appeals before the CIT(A) were dismissed for non-prosecution without adjudication on the grounds raised. The assessee contended that the CIT(A) had no legal right to dismiss appeals summarily.

What were the issues?

Whether the CIT(A) can dismiss an appeal for non-prosecution without adjudicating the grounds raised by the assessee.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH `D’ NEW DELHI

Before: SHRI J.S. REDDY & SHRI CHANDRA MOHAN GARG

For Appellant: Shri V.K. Tulsian, CA, Shri Sankarsh Dwivedi
For Respondent: Shri Ashis Mohanty, Sr. DR
Hearing: 26.11.2015

Heard together (3 matters)

I.T.A.No.5545/Del/2015
I.T.A.No.5546/Del/2015
I.T.A.No.5547/Del/2015

Read from the judgment's own cause title. This page is filed under one of them.

PER CHANDRAMOHAN GARG, J.M.

1.

The above captioned all three appeals by the assessee have been directed against the orders of the CIT(A)-XXVI, New Delhi, all dated 21.7.2015 by which appeals of the assessee have been dismissed on the allegation of non- prosecution without any adjudication on the grounds raised by the assessee.

2.

We have heard arguments of both the sides and carefully perused the appeal records and all other relevant material placed before us. Ld. AR vehemently contended that the CIT(A) has no legal right to dismiss appeals of the assessee summarily without adjudicating them on the grounds raised by the 5546, 5547/D/2015 Assessment years: 2006-07, 07-08, 08-09 assessee, hence, these appeals should be restored to the file of the CIT(A) for a fresh adjudication.

3.

Ld. DR strongly supported the action of the first appellate authority and submitted that when the assessee is not cooperating and not complying with the notices, then the CIT(A) has no alternative but to dismiss the appeals. However, he fairly accepted that the CIT(A) ought to have decided the appeals on merits on the grounds raised before him and summary dismissal of appeals for non-prosecution is not a proper recourse.

4.

On careful consideration of above, we are of the view that the CIT(A) is required to adjudicate the appeals on all grounds raised before him even if the assessee did not prosecute the appeals and appeals cannot be dismissed for non- prosecution at the first appellate stage. Thus, we are inclined to set aside the impugned orders and restore these appeals to the file of the CIT(A) with the direction that he shall adjudicate the appeals after providing due opportunity of hearing to the assessee.

5.

In the result, all three appeals of the assessee are allowed for statistical purposes.

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