PCIT v. Premkumar Arjundas Luthra

279 CTR 614High Court#767 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 366,005 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

Baneesh, Malappuram vs. ITO, Ward 2, Tirur

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

ITA 863/COCH/2024[2020-21]Status: DisposedITAT Cochin29 Jan 2025AY 2020-21

Bench: Shri Inturi Rama Rao, Am & Shri Prakash Chand Yadav, Jm Assessment Year: 2020-21 Baneesh .......... Appellant Kolagarayil, Ayilakkad Polpakara, Malappuram 679576 [Pan: Aaspe8854C] Vs. The Income Tax Officer .......... Respondent Ward - 2, Tirur Appellant By: Shri Shivadas Chettoor, Ca Respondent By: Shri Sanjit Kumar Das, Cit-Dr Date Of Hearing: 19.12.2024 Date Of Pronouncement: 29.01.2025 O R D E R Per: Inturi Rama Rao, Am This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 03.08.2024 For Assessment Year (Ay) 2020-21. 2. Brief Facts Of The Case Are That The Assessee, An Individual, Filed His Return Of Income For Ay 2020-21 On 16.03.2021 Declaring Total Income Of Rs. 11,00,030/-. Against The Said Return Of Income, The Assessment Was Completed By The Income Tax Officer, Ward – 2

For Appellant: Shri Shivadas Chettoor, CAFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 143(3)

…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 we are of the considered view that the matter requires to be 3 Baneesh 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 is allow…

Sebastian Asha Cheerakuzhy Nursery, Nilambur vs. I.T.O, Ward-2, Tirur

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

ITA 580/COCH/2024[2017-18]Status: DisposedITAT Cochin29 Jan 2025AY 2017-18

Bench: Shri Inturi Rama Rao, Am & Shri Prakash Chand Yadav, Jm Assessment Year: 2017-18 Sebastian Asha .......... Appellant Cheerakuzhy Nursery R.S. Road, Nilambur 679513 [Pan: Azwpa2731K] Vs. The Income Tax Officer .......... Respondent Ward -2, Tirur Appellant By: ------- None ------- Respondent By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 16.12.2024 Date Of Pronouncement: 29.01.2025 O R D E R Per: Inturi Rama Rao, Am This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 29.04.2024 For Assessment Year (Ay) 2017-18. 2. Brief Facts Of The Case Are That The Assessee, An Individual, Filed Her Return Of Income For Ay 2017-18 On 30.03.2018 Declaring Total Income Of Rs. 69,630/-. Against The Said Return Of Income, The Assessment Was Completed By The Income Tax Officer, Ward -2

For Appellant: ------- None -------For Respondent: Smt. Leena Lal, Sr. D.R
Section 143(3)

…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 we are of the 3 Sebastian Asha 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 i…