PCIT v. Premkumar Arjundas Luthra

279 CTR 614High Court#771 most cited

What is PCIT v. Premkumar Arjundas Luthra authority for?

The Commissioner of Income Tax (Appeals) is duty-bound to dispose of appeals on their merits, even when proceeding ex-parte. This requires framing points for determination, providing detailed reasoning for the decision, and affording the assessee a reasonable opportunity of being heard, as mandated by Section 250(6).

132

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2024 to 2026.

Also referred to as

PCIT v. Premkumar Arjundas Luthra · 279 CTR 614 · CIT(A) appeal on merits · ex-parte appeal disposal · Section 250(6) Income Tax Act · reasonable opportunity hearing · framing points for determination · faceless appeal · CIT(A) order reasons · appeal remand

Issues it is cited on

Judgments citing PCIT v. Premkumar Arjundas Luthra

SURESHKUMAR,CHENNAI vs. ITO, NON CORP WARD 6(1), CHENNAI

The appeal of the assessee stands partly allowed for statistical purposes

ITA 2963/CHNY/2025[2019-20]Status: DisposedITAT Chennai18 Dec 2025AY 2019-20

Bench: Hon’Ble Shri George George K & Before Hon’Ble Shri Inturi Rama Raoआयकर अपील सं./Ita No.2963/Chny/2025 Assessment Years: 2019-20 Suresh Kumar, Income Tax Officer, No.25/74C, 9Th Street, Non-Corp Ward-6(1), Thiruvotriyur, Chennai. Chennai-600 019. [Pan: Bgcps5657N] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Mr.K.Meenakshisundaram, Itp प्रत्यर्थी की ओर से /Revenue By : Ms.R.Anitha, Addl.Cit सुनवाई की तारीख/Date Of Hearing : 16.12.2025 घोषणा की तारीख /Date Of Pronouncement : 18.12.2025 आदेश / O R D E R Per Inturi Rama Rao, A.M :

For Appellant: Mr.K.Meenakshisundaram, ITPFor Respondent: Ms.R.Anitha, Addl.CIT
Section 139Section 142(1)Section 147Section 148Section 250(6)

…the CIT(A), even while disposing of the appeal exparte, is duty bound to dispose of the appeal on Page - 2 - of 3 merits. Reliance in this regard can be placed on the decision of the Hon'ble Bombay High Court in the case of PCIT vs. Premkumar Arjundas Luthra 279 CTR 614. Therefore, in the light of the above legal position, we are of the considered view that the matter requires to be remanded to the file of the CIT(A) with the direction to dispose of the appeal de novo on merits after affording reasonable opportunity of hearing to the assessee. 5.0 In this result, the appeal of the assessee stands partly allowed…

CGR HALLMARKERS PRIVATE LIMITED,ERNAKULAM vs. ASSESING OFFICER,(ITO), COCHIN

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes

ITA 864/COCH/2025[2017-18]Status: DisposedITAT Cochin28 Nov 2025AY 2017-18

Bench: Shri Inturi Rama Rao, Am Assessment Year: 2017-18 Cgr Hallmarkers Pvt. Ltd. .......... Appellant Building No. 62/1906, A, Sadanam Road Extn., M.G. Road S.O., Kochi 682016 [Pan: Aaccc4855G] Vs. Dcit, Corporte Circle 1(1), Kochi .......... Respondent Assessee By: ------- None ------- Revenue By: Ms. Neethu S. Sr. Dr Date Of Hearing: 27.11.2025 Date Of Pronouncement: 28.11.2025 O R D E R This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] For Assessment Year (Ay) 2017-18. 2. Brief Facts Of The Case Are That The Appellant Is A Company Incorporated Under The Provisions Of Companies Act, 1956 Engaged In The Business Of Refining Precious Metals & Minting Of Coins & Bars. The Return Of Income For Ay 2017-18 Was Filed On 30.10.2017 Disclosing Income Of Rs. 46,28,269/-. Against The Said Return Of Income, The Assessment Was Completed By The Dcit, Corporate Circle 1(1), Kochi (Hereinafter Called "The Ao") Vide Order Dated

For Appellant: ------- None -------For Respondent: Ms. Neethu S. Sr. DR
Section 143(3)Section 250(6)

…IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH BEFORE SHRI INTURI RAMA RAO, AM Assessment Year: 2017-18 CGR Hallmarkers Pvt. Ltd. .......... Appellant Building NO. 62/1906, A, Sadanam Road Extn., M.G. Road S.O., Kochi 682016 [PAN: AACCC4855G] vs. DCIT, Corporte Circle 1(1), Kochi .......... Respondent Assessee by: ------- None ------- Revenue by: Ms. Neethu S. Sr. DR Date of Hearing: 27.11.2025 Date of Pronouncement: 28.11.2025 O R D E R This appeal filed by the assessee is directed against the order of the National Faceless Appeal Centre, Delhi [CIT(A)] for Assessment Year (AY) 2017-18. 2. Brief facts of the…

ABDUL JALEEL,PALAKKAD vs. ITO, WARD 1 & TPS, PALAKKAD

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes

ITA 835/COCH/2025[2017-18]Status: DisposedITAT Cochin28 Nov 2025AY 2017-18

Bench: Shri Inturi Rama Rao, Am Assessment Year: 2017-18 Abdul Jaleel .......... Appellant Vapparakkal Kongad Ii, Parasery Kongad, Palakkad 678631 [Pan: Bfppa5260M] Vs. The Income Tax Officer, Wd-1 & Tps, Palakkad.......... Respondent Assessee By: ------- None ------- Revenue By: Ms. Neethu S. Sr. Dr Date Of Hearing: 27.11.2025 Date Of Pronouncement: 28.11.2025 O R D E R This Appeal Filed By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals)-4, Mumbai [Cit(A)] Dated 07.07.2025 For Assessment Year (Ay) 2017-18. 2. Brief Facts Of The Case Are That The Appellant Is An Individual Engaged In The Business Of Trading/Wholesale Distributor Of The Products Of Idea Cellular Ltd. The Appellant Had Not Filed The Return Of Income For Ay 2017-18. Based On The Information That The Appellant Had Made Cash Deposits In Bank Account During Demonetisation Period Of Rs. 19,02,400/- The The Income Tax Officer, Ward 1 & Tps, Palakkad (Hereinafter Called "The Ao")

For Appellant: ------- None -------For Respondent: Ms. Neethu S. Sr. DR
Section 142(1)Section 250(6)

…IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH BEFORE SHRI INTURI RAMA RAO, AM Assessment Year: 2017-18 Abdul Jaleel .......... Appellant Vapparakkal Kongad II, Parasery Kongad, Palakkad 678631 [PAN: BFPPA5260M] vs. The Income Tax Officer, WD-1 & TPS, Palakkad.......... Respondent Assessee by: ------- None ------- Revenue by: Ms. Neethu S. Sr. DR Date of Hearing: 27.11.2025 Date of Pronouncement: 28.11.2025 O R D E R This appeal filed by the assessee is directed against the order of the Commissioner of Income Tax (Appeals)-4, Mumbai [CIT(A)] dated 07.07.2025 for Assessment Year (AY) 2017-18. 2. Brief facts of…

PUTHUR KULANGARA JACOB PAULY,THRISSUR vs. INCOME TAX OFFICER, WARD-1(1), THRISSUR

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 754/COCH/2025[2016-17]Status: DisposedITAT Cochin21 Nov 2025AY 2016-17

Bench: Shri Inturi Rama Rao, Am Assessment Year: 2016-17 Puthur Kulangara Jacob Pauly .......... Appellant Puthur Kulangara House, Alagappanagar P.O. Mukundapuram, Thrissur 680301 [Pan: Arapp8842J] Vs. The Income Tax Officer, Ward-1, Thrissur .......... Respondent Assessee By: Shri Lokanathan, Ca Revenue By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 06.11.2025 Date Of Pronouncement: 21.11.2025 O R D E R This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 04.06.2025 For Assessment Year (Ay) 2016-17. 2. Brief Facts Of The Case Are That The Appellant Is An Individual. No Regular Return Of Income Under The Provisions Of Section 139(1) Of The Income Tax Act, 1961 (The Act) Was Filed By The Appellant For Ay 2016-17. As Per The Information Flagged In Accordance With The Risk Management Strategy Formulate By The Cbdt & Evidence In Possession, The Appellant Had Sold Immovable Property In Ay 2015- 16 For A Consideration Of Rs. 1,14,80,000/-. Accordingly, The 2 Puthur Kulangara Jacob Pauly Assessment Unit Of Income Tax Department (Hereinafter Called "The Ao") Issues A Notice U/S. 148 Of The Act On 06.03.2023. In Response To The Notice U/S. 148, The Appellant Filed Return Of Income On 05.04.2023 Declaring Total Income Of Rs. 12,500/-. Against The Said Return Of Income, The Assessment Was Completed By The Ao Vide Order Dated 28.02.2024 Passed U/S. 147 R.W.S. 144B Of The Act At A Total Income Of Rs. 45,73,680/-. While Doing So, The Ao Made Addition Of Rs. 45,61,180/- On Account Of Short Term Capital Gain.

For Appellant: Shri Lokanathan, CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 139(1)Section 147Section 148Section 250(6)

…IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH BEFORE SHRI INTURI RAMA RAO, AM Assessment Year: 2016-17 Puthur Kulangara Jacob Pauly .......... Appellant Puthur Kulangara House, Alagappanagar P.O. Mukundapuram, Thrissur 680301 [PAN: ARAPP8842J] vs. The Income Tax Officer, Ward-1, Thrissur .......... Respondent Assessee by: Shri Lokanathan, CA Revenue by: Smt. Leena Lal, Sr. D.R. Date of Hearing: 06.11.2025 Date of Pronouncement: 21.11.2025 O R D E R This appeal filed by the assessee is directed against the order of the National Faceless Appeal Centre, Delhi [CIT(A)] dated 04.06.2025 for Assessment Year (AY) 2…

KULATHUMKUZHIYIL MUHAMMED ASHRAF,KOTTAYAM vs. INCOME TAX OFFICER WARD 1 KOTTAYAM, KOTTAYAM

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes

ITA 622/COCH/2025[2018-19]Status: DisposedITAT Cochin14 Nov 2025AY 2018-19

Bench: Shri Inturi Rama Rao, Am Assessment Years: 2018-19 Kulathumkuzhiyil Muhammed Ashraf .......... Appellant Kulathumkuzhiyil, Velloor, Kottayam 686501 [Pan: Bzvpa6849J] Vs. The Income Tax Officer, Wd-2, Kottayam .......... Respondent Assessee By: Shri Prashanth Srinivas, Ca Revenue By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 28.10.2025 Date Of Pronouncement: 14.11.2025 O R D E R This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 23.06.2025 For Assessment Year (Ay) 2018-19. 2. Brief Facts Of The Case Are That The Appellant Is An Individual. No Regular Return Of Income Under The Provisions Of Section 139(1) Of The Act Was Filed For Ay 2018-19. Based On The Information That The Appellant Received Interest Income From United India Insurance Company Ltd. Or Rs. 29,03,429/- During The Previous Year Relevant To Assessment Year Under Consideration, The Ao Formed An Opinion That Income Escaped Assessment To Tax. Accordingly, A Notice U/S. 148 Of The Income Tax Act, 1961 (The Act) Was Issued On 2 Kulathumkuzhiyil Muhammed Ashraf 31.03.2022. The Appellant Neither Complied With The Notice U/S. 148 Nor U/S. 142(1) Of The Act Issued By The Ao Calling For Certain Information. In The Circumstances, The Ao Was Constrained To Pass Best Judgement Assessment By Bringing To Tax The Interest Income Of Rs. 29,03,429/- As Unexplained Money Of The Appellant.

For Appellant: Shri Prashanth Srinivas, CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 139(1)Section 142(1)Section 148Section 250(6)

…tion of law that the CIT(A), even while disposing of the appeal exparte, is duty bound to dispose of the appeal on merits. Reliance in this regard can be placed on the decision of the Hon'ble Bombay High Court in the case of PCIT vs. Premkumar Arjundas Luthra 279 CTR 614. Therefore, in the light of the above legal position I am of the considered view that the matter requires to be remanded to the file of the CIT(A) with the direction to dispose of the appeal de novo on merits after affording reasonable opportunity of hearing to the assessee. 6. In the result, the appeal filed by the assessee stands partly allowe…

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