GOLDENLINE INFRASTRUCTURE PVT LTD,NEW DELHI vs. ITO WARD - 12(1), NEW DELHI

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ITA 6742/DEL/2019Status: DisposedITAT Delhi08 May 2023AY 2015-162 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT(A) is duty-bound to dispose of all grounds of appeal, even if proceeding ex parte. Since the CIT(A) failed to do so, the matter was restored.

What were the facts?

The assessee filed an appeal before the CIT(A) for AY 2015-16. The CIT(A) dismissed the appeal without adjudicating the grounds raised by the assessee.

What were the issues?

Whether the CIT(A) properly adjudicated all grounds of appeal raised by the assessee. Whether a cryptic order by the CIT(A) is valid.

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 “B”: NEW DELHI

Before: Shri C.M. Garg & Shri M. Balaganesh

Hearing: 18/04/2023Pronounced: 08/05/2023

PER C. M. GARG, J. M.:

1.

This is an appeal filed by the assessee against the order of the ld CIT(A)-22, New Delhi dated 27.03.2019 for AY 2015-16. 2. The Ld. Sr. DR agreed to the contention of the authorities representative (AR) of the assessee that the ld CIT(A) has dismissed the appeal by passing an cryptic order without adjudicating the grounds of appeal of the assessee raised before the ld CIT(A) along with Form No.

35.

The Sr. DR submitted that the department has no serious objection if the matter is restored to the file of the ld CIT(A) for adjudication of all grounds of assessee.

3.

On careful consideration of the above submissions I am considered view that even if the ld CIT(A) proceeded to adjudicate the appeal of the assessee ex parte then the ld CIT(A) is also duty bound to dispose of all the grounds raised by the assessee in Form No. 35 Goldenline Infrastructure Pvt. Ltd, raised before the First Appellate Authority as per sub-section 6 of section 250 of the Income Tax Act, 1961. Since, the ld CIT(A) has not adjudicated the grounds of the assessee therefore, the matter is restored to the file of the ld CIT(A) to the first appellate stage with a direction that he will decide the grounds of appeal raised by the assessee before him after allowing due opportunity of hearing to the assessee. Accordingly, the grievance of the assessee is allowed.

4.

In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 08/05/2023. - - (M. Balaganesh) JUDICIAL MEMBER

Dated: 08/05/2023 A K Keot

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