CIT v. Premkumar Arjundas Luthra (HUF)

297 CTR 614High Court2017#86 most cited

What is CIT v. Premkumar Arjundas Luthra (HUF) authority for?

The Commissioner of Income-tax (Appeals) cannot dismiss an appeal for non-prosecution or default in appearance. Under Section 250(6) of the Income-tax Act, the CIT(A) must decide the appeal on its merits, even in an ex parte proceeding.

659

judgments rely on this decision, according to BharatTax’s citation analysis of 367,154 Indian tax judgments — from 2016 to 2026.

Also referred to as

CIT v. Premkumar Arjundas Luthra HUF · Section 250(6) Income Tax Act · CIT(A) appeal dismissal · non-prosecution of appeal · default in appearance appeal · ex parte order merits · duty to decide on merits · Bombay High Court 297 CTR 614

Issues it is cited on

Judgments citing CIT v. Premkumar Arjundas Luthra (HUF)

Cherukuri Veeraju, Rajahmundry vs. The Deputy Commissioner of Income Tax, Circle-1, Rajahmundry

ITA 465/VIZ/2025[2017-18]Status: DisposedITAT Visakhapatnam13 Oct 2025AY 2017-18

Bench: Shri Ravish Sood & Shri Balakrishnan S.आ.अपी.सं /Ita No.465/Viz/2025 (िनधा"रण वष"/Assessment Year: 2017-18) Cherukuri Veeraju, Vs. Deputy Commissioner Rajahmundry. Of Income Tax, Pan:Abxpc6760H Circle-1, Rajahmundry. (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Sri Gvn Hari, Advocate राज" व "ारा/Revenue By: Dr. Aparna Villuri, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 08/10/2025 घोषणा की तारीख/Date Of 13/10/2025 Pronouncement: आदेश / Order Per. Ravish Sood, Jm : The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Center (Nfac), Delhi, Dated 27/05/2025, Which In Turn Arises From The Order Passed By The Additional/Joint Commissioner Of Income Tax, National Faceless Assessment Centre (Nafac), Delhi Under Section 271D Of The 2 Cherukuri Veeraju Vs. Dcit

For Appellant: Sri GVN Hari, AdvocateFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 143(2)Section 143(3)Section 271D

…e to concur with the manner in which the appeal had been disposed of by the CIT(A) based on a non-speaking order. Our aforesaid view is fortified by the judgment of the Hon'ble High Court of Bombay in the case of CIT Vs. Premkumar Arjundas Luthra (HUF) (2017) 297 CTR 614 (Bom). In the aforementioned case, the Hon'ble High Court by referring to Section 251(1)(a) and (b) and “Explanation” to Sec. 251(2) of the Act, had observed that the CIT(A) is required to apply his mind to all the issues which arises from the impugned order before him whether or not the same had been raised by the appellant before him. It was fu…

Sunil Govindlal Agrawal, Dhule vs. Income Tax Officer, Ward 1, Dhule

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1958/PUN/2025[2014-15]Status: DisposedITAT Pune13 Oct 2025AY 2014-15

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1958/Pun/2025 िनधा"रण वष" / Assessment Year : 2014-15 Sunil Govindlal Agrawal, Vs. Ito, Ward-1, Dhule. 2827B, Lane No.4, Khol Galli Dhule- 424001. Pan : Aavpa1816F Appellant Respondent Assessee By : Shri Sharad A. Shah Revenue By : Shri Manishkumar Sinha Date Of Hearing : 18.09.2025 Date Of Pronouncement : 13.10.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 27.09.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2014-15. 2. There Is Delay Of 262 Days In Filing Of The Present Appeal. We Are Satisfied With The Reasons Mentioned In The Affidavit For Condonation That The Applicant Was Prevented By Sufficient Cause For Not Filing The Appeal Within The Prescribed Time Limit. After Hearing

For Appellant: Shri Sharad A. ShahFor Respondent: Shri Manishkumar Sinha
Section 142(1)Section 147Section 148Section 250(6)Section 69A

…ty to the assessee by remitting the issue to the file of Ld. CIT(A)/NFAC. Ld. Departmental Representative was fair enough in not opposing the request of the assessee. Hon’ble Bombay High Court in the case of PCIT (C) vs. Premkumar Arjundas Luthra (HUF) (2017) 297 CTR 614 (Bombay) has held that Ld. CIT(A)/NFAC is obliged to dispose of the appeal on merits even in an ex-parte order. In view thereof and without dwelling into merits of the issues and considering the submissions of the assessee, we deem it proper to restore the issue to the file of Ld. CIT(A)/NFAC for necessary adjudication. Assessee is at liberty to…

Ratilal Dagadulal Mutha, Pune vs. ITO Ward 14(5), Pune

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1818/PUN/2025[2015-16]Status: DisposedITAT Pune13 Oct 2025AY 2015-16

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1818/Pun/2025 िनधा"रण वष" / Assessment Year : 2015-15 Ratilal Dagadulal Mutha, Vs. Ito, Ward-14(5), Pune. No.W 181/6A, Gajanana Housing Society, Dound Baramati, Pune- 413801. Pan : Arwpm4183H Appellant Respondent Assessee By : Shri Pramod S. Shingte Revenue By : Shri Manishkumar Sinha Date Of Hearing : 18.09.2025 Date Of Pronouncement : 13.10.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 08.11.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2015-16. 2. There Is Delay Of 180 Days In Filing Of The Present Appeal. We Are Satisfied With The Reasons Mentioned In The Affidavit For Condonation That The Applicant Was Prevented By Sufficient Cause For Not Filing The Appeal Within The Prescribed Time Limit. After Hearing

For Appellant: Shri Pramod S. ShingteFor Respondent: Shri Manishkumar Sinha
Section 142(1)Section 148Section 250(6)Section 69A

…ty to the assessee by remitting the issue to the file of Ld. CIT(A)/NFAC. Ld. Departmental Representative was fair enough in not opposing the request of the assessee. Hon’ble Bombay High Court in the case of PCIT (C) vs. Premkumar Arjundas Luthra (HUF) (2017) 297 CTR 614 (Bombay) has held that Ld. CIT(A)/NFAC is obliged to dispose of the appeal on merits even in an ex-parte order. In view thereof and without dwelling into merits of the issues and considering the submissions of the assessee, we deem it proper to restore the issue to the file of Ld. CIT(A)/NFAC for necessary adjudication. Assessee is at liberty to…

Rahul Arun Mandlik, Pune vs. ITO WD- 5(2), Pune

In the result, appeal of the assessee is allowed for statistical purpose

ITA 1984/PUN/2025[2015-16]Status: DisposedITAT Pune30 Sept 2025AY 2015-16

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपऩल सं. / Ita No.1984/Pun/2025 निर्धारण वषा / Assessment Year: 2015-16 Rahul Arun Mandlik, V The Income Tax Officer, Sr No.34/3/2, Kashi S Ward-5(2), Pune. Vishveshewar Apartment, Nt Yenpure Nagar, Dhankawadi, Pune – 411043. Pan: Bmbpm1461M Appellant/ Assessee Respondent / Revenue Assessee By None Revenue By Smt.Sonal L Sonkavde – Addl.Cit(Dr) Date Of Hearing 30/09/2025 Date Of Pronouncement 30/09/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2015-16 Dated 16.12.2024 Emanating From The Assessment Order Passed Under Section 144 Of The Act, Dated 27.03.2022. The Assessee Has Raised The Following Grounds Of Appeal :

Section 144Section 147Section 148Section 246ASection 250Section 250(4)Section 250(6)Section 251Section 251(1)(a)Section 69A

…rovided four opportunities to the Assessee, but assessee failed to file any reply. Accordingly, ld.CIT(A)[NFAC] dismissed the appeal. 5. The Hon’ble Bombay High Court has held in the case of Pr.CIT(Central) Vs. Premkumar Arjundas Luthra (HUF) (Bombay)/[2017] 297 CTR 614 (Bombay) as under : Quote, “8.From the aforesaid provisions, it is very clear once an appeal is preferred before the CIT(A), then in disposing of the appeal, he is obliged to make such further inquiry that he thinks fit or direct the Assessing Officer to make further inquiry and report the result of the same to him as found in Section 250(4) of t…

Income Tax Officer, Ward-8(1), Pune, Akurdi vs. Shamsundar Kaliram Agarwal, Pune

In the result, appeal of the Revenue is allowed

ITA 1428/PUN/2025[2018-19]Status: DisposedITAT Pune30 Sept 2025AY 2018-19

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपऩल सं. / Ita No.1428/Pun/2025 निर्धारण वषा / Assessment Year: 2018-19 The Income Tax Officer, V Shamsundar Kaliram Ward-8(1), Pune. S Agarwal, Pratyakshakar Bhavan, Near Akurdi Railway Station, Dr.Ambedkar Road, Akurdi, Pune – 411044. Pan: Alzpa2906R Appellant / Revenue Respondent / Assessee Assessee By None Revenue By Shri Amit Bobde – Cit(Dr) Date Of Hearing 29/09/2025 Date Of Pronouncement 30/09/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Revenue(Income Tax Officer, Ward- 8(1), Pune), Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] Passed Under Section 154 R.W.S 250 Of The Act, 1961 Dated 28.03.2025 Emanating From The Order Passed Under Section 250 R.W.S. 254 Of The Income Tax Act, 1961 Dated

Section 143(3)Section 144Section 147rSection 154Section 250Section 250(6)Section 251

…CIT(A)[NFAC] to adjudicate the Assessee’s appeal on merits as per Section 250 of the Act, 1961. It will be important to refer the decision of Hon’ble Jurisdictional High Court. In the case of Pr.CIT(Central) Vs. Premkumar Arjundas Luthra (HUF) (Bombay)/[2017] 297 CTR 614 (Bombay) Hon'ble High Court held as under : Quote, “8.From the aforesaid provisions, it is very clear once an appeal is preferred before the CIT(A), then in disposing of the appeal, he is obliged to make such further inquiry that he thinks fit or direct the Assessing Officer to make further inquiry and report the result of the same to him as foun…

Dattaprasad Radhakisan Revgade, Hivargaon vs. ITO Ward 2, Ahmednagar

In the result, appeal of the assessee is allowed for statistical purpose

ITA 1897/PUN/2025[2018-19]Status: DisposedITAT Pune26 Sept 2025AY 2018-19

Bench: Ms.Astha Chandra, Judicialmember & Dr.Dipak P. Ripoteआयकर अपऩल सं. / Ita No.1897/Pun/2025 निर्धारण वषा / Assessment Year: 2018-19 Dattaprasad Radhakisan V The Income Tax Officer, Revgade, S Ward-2, Ahmednagar. At Hivargaon Post Dongargaon, Tal Aklole, Ahmednagar – 422609. Pan: Cddpr8213C Appellant/ Assessee Respondent / Revenue Assessee By Shri Piyush Bafna – Ar Revenue By Shri Ambarnath Khule – Jcit(Dr) Date Of Hearing 03/09/2025 Date Of Pronouncement 26/09/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax Appeal(Nfac) Passed Under Section 250 Of The Income Tax Act, 1961 For A.Y.2018-19 Dated 23.06.2025 Emanating From The Assessment Order Under Section 147 R.W.S 144 Read With Section 144B Of The Income Tax Act, 1961

Section 144Section 144BSection 147Section 148Section 148ASection 149(1)(b)Section 151Section 250Section 250(6)

…dismissed the appeal of the assessee for non- compliance. The ld.CIT(A) has not adjudicated grounds raised by the assessee on merits. 5. The Hon’ble Bombay High Court has held in the case of Pr.CIT(Central) Vs. Premkumar Arjundas Luthra (HUF) (Bombay)/[2017] 297 CTR 614 (Bombay) as under : Quote, “8.From the aforesaid provisions, it is very clear once an appeal is preferred before the CIT(A), then in disposing of the appeal, he is obliged to make such further inquiry that he thinks fit or direct the Assessing Officer to make further inquiry and report the result of the same to him as found in Section 250(4) of t…

V.R. Sukhwani Projects, Pune vs. Income Tax Officer - Circle 2, Pune

In the result, appeal of the assessee is allowed for statistical purpose

ITA 1750/PUN/2025[2022-23]Status: DisposedITAT Pune25 Sept 2025AY 2022-23

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.1750/Pun/2025 निर्धारण वषा / Assessment Year: 2022-23 V.R.Sukhwani Projects, V The Income Tax Officer, Office No.B-1205, S Circle-2, Pune Amar Business Zone, Baner, Pune – 411045 Pan: Aaqfv3888H Appellant/ Assessee Respondent / Revenue Assessee By Miss Sailee Gujarathi – Ar Revenue By Shri Aviyogi Ambadkar– Addl.Cit(Dr) Date Of Hearing 09/09/2025 Date Of Pronouncement 25/09/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2022-23 Dated 22.01.2025 Emanating From The Assessment Order Passed Under Section 144 Of The Income Tax Act, 1961 Dated 04.03.2024. The Assessee Has Raised The Following Grounds Of Appeal :

Section 144Section 234BSection 250Section 801BSection 80I

…ail address mentioned in Form No.35. Therefore, we agree with the pleading of the ld.AR that notices were not served on the assessee. 5. The Hon’ble Bombay High Court has held in the case of Pr.CIT(Central) Vs. Premkumar Arjundas Luthra (HUF) (Bombay)/[2017] 297 CTR 614 (Bombay) as under : Quote, “8.From the aforesaid provisions, it is very clear once an appeal is preferred before the CIT(A), then in disposing of the appeal, he is obliged to make such further inquiry that he thinks fit or direct the Assessing Officer to make further inquiry and report the result of the same to him as found in Section 250(4) of t…