SANJEEV GUPTA,DELHI vs. ITO, WARD-29(8), NEW DELHI
What did the Tribunal hold?
The Tribunal held that the CIT(A) does not have the power to dismiss an appeal for non-prosecution and must pass a speaking order on merits. The case was remanded to the CIT(A) for a fresh decision after providing an opportunity of being heard.
What were the facts?
The Assessing Officer levied a penalty under Section 271D for accepting cash exceeding the prescribed limit, violating Section 269SS. The CIT(A) dismissed the assessee's appeal for non-prosecution due to lack of cooperation.
What were the issues?
Whether the CIT(A) can dismiss an appeal for non-prosecution without considering the merits of the case, and whether natural justice was violated.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘G’ : NEW DELHI
PER SHAMIM YAHYA, ACCOUNTANT MEMBER :
This appeal filed by the assessee is directed against the order of National Faceless Appeal Centre (NFAC), Delhi dated 23.08.2022 pertaining to Assessment Year 2017-18. 2. The grounds of appeal taken by the assessee read as under :- “1. The CIT (A) had passed order without giving the opportunity of being heard. As the assessee & his authorized person was effected by the COVID-19 that time.
2. The CIT (A) passed the order without taking the natural justice into consideration and passed the order which is bad in law.
3. The CIT (A) erred in confirming the penalty order and dismissing the appeal filed before him.”
./2022 3. Brief facts of the case are that in this case, Assessing Officer levied penalty under section 271D of the Income-tax Act, 1961 (for short 'the Act') for violation of provisions of section 269SS of the Act amounting to Rs.4,16,666/- being cash accepted on sale of plot/property. On assessee’s appeal, ld. CIT (A) noted that despite several opportunities, assessee has not turned up. Since there was no cooperation on the part of the assessee, ld. CIT (A) applied Multiplan and dismissed the appeal for non-prosecution.
Against the above order, assessee is in appeal before us. We have heard both the parties and perused the records.
We note that section 251 of the Act does not empower the ld. CIT(A) to dismiss the appeal for non-prosecution. It is incumbent upon the ld. CIT (A) to pass a speaking order on the merits of the case. Accordingly, we remand the issue to the file of ld. CIT (A). Ld. CIT(A) shall pass a speaking order after giving the assessee an opportunity of being heard.
In the result, the appeal filed by the assessee stands allowed for statistical purposes. Order pronounced in the open court on this 10th day of July, 2023.
More judgments on Section 271D
- Sujatha Vaddanapu, Nalgonda vs ITO, Ward-1, NalgondaITA 2048/HYD/2026[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- Inder Lal Ramrakhyani, Dhamtari vs ITO, DhamtariITA 694/RPR/2026[2014-15]Status: Disposed14 Oct 2026AY 2014-15
- Assistant Commissioner of Income Tax… vs Harshit Singhania Buildcon, RaipurITA 560/RPR/2026[2022-23]Status: Disposed14 Oct 2026AY 2022-23
- Shree Jalaram Finance, Borsad vs Income Tax Officer, Ward 1(3)(4), PetladITA 1785/AHD/2026[2000-01]Status: Disposed13 Oct 2026AY 2000-01
- Veera Mani Kumari Vattikooti, Hyderabad vs ITO, Ward -11(1), HyderabadITA 1218/HYD/2026[2016-17]Status: Disposed9 Oct 2026AY 2016-17
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