Lalitadevi Giriraj Kishore Malpani, Mumbai vs. ITO Ward 41(4)(2), Mumbai
In the result, appeal filed by the assessee is allowed
ITA 5023/MUM/2025[2015 - 16]Status: DisposedITAT Mumbai30 Dec 2025
Bench: Shri Narender Kumar Choudhryassessment Year : 2015-16 Lalitadevi Giriraj Kishore Income Tax Officer, Malpani, Ward-41(4)(2), 502, 5Th Floor,Sea View Chs, Vs. R.No. 116,Kautilya Bhawan, Near Ram Mandir Temple, C-41 To C-43,G Block, Bkc, Bangur Nagar,Goregaon (W), Bandra (E), Mumbai-400090. Mumbai-400051. Pan : Aadpm9211C (Appellant) (Respondent) For Assessee : Shri Ajay Daga , Ld. Ld. Ar For Revenue : Shri Vikas Chandra, Ld. Sr.Dr Date Of Hearing : 10-11-2025 Date Of Pronouncement : 30-12-2025 O R D E R This Appeal Has Been Preferred By The Assessee Againstthe Order Dated 28-06-2024 Impugned Herein Passed By The Addl/Jcit(A)-6, Kolkata/Ld. Commissioner Of Income Tax (In Short “Ld.Commissioner”) U/S. 250 Of The Income Tax Act, 1961 (In Short „The Act‟) For The Ay. 2015-16. 2 2. At The Outset It Is Observed That There Is A Delay Of 346 Days In Filing The Instant Appeal On Which The Assessee Has Claimed As Under:
For Appellant: Shri Ajay Daga , Ld. Ld. ARFor Respondent: Shri Vikas Chandra, Ld. Sr.DR
Section 143(3)Section 250Section 271(1)(c)
…. Commissioner dismissed the appeal of the assessee as ex-parte and in limine on non- prosecution, without adjudicating the merits of the case, which is not permissible in view of the judgment of the jurisdictional High Court in CIT v. Premkumar Arjunda(2107) 297 CTR 614 (Bombay), wherein it has been held as under :- “Section 251(1)(a) and (b), along with the explanation in Section 251(2) of the Act, mandates that the CIT(A) must apply their mind to all issues arising 7 from the order being appealed, regardless of whether the appellant specifically raised them [1]. …………………………………………...The law does not empower the…