GOLDENLINE INFRASTRUCTURE PVT LTD,NEW DELHI vs. ITO WARD - 12(1), NEW DELHI
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?
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
PER C. M. GARG, J. M.:
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.
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.
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.
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
Recent GST High Court judgments
Search GST case law →- M/S. V J Petro Products vs. The Deputy Assistant Commissioner (St) - IiiAndhra Pradesh · 27 Oct 2026
- M/S Asian Aura vs. Government Of Nct Of Delhi And Ors.Delhi · 27 Oct 2026
- Shining Steel Through Its Proprietor Kartik Gupta vs. Union Of INDIA & Ors.Delhi · 27 Oct 2026
- M/S Redamancy World Through Its Proprietor Sanjay Kumar Goel vs. Central Board Of Indirect Taxes And Customs & Ors.Delhi · 27 Oct 2026
- M/S Arj Exim INDIA vs. Additional Commissioner Of CGST, Appeals-Ii, New Delhi And OrsDelhi · 27 Oct 2026