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

M/S. Prestige Avenues Limited, Hyd, Hyderabad vs. DCIT, Central Circle-VII, Hyderabad

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

ITA 741/HYD/2011[2006-07]Status: DisposedITAT Hyderabad06 Jan 2025AY 2006-07

Bench: Shri Inturi Rama Raoआ.अपी.सं /Ita No.741/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2022-23) Shri Bharat Kumar Jain Dy. Commissioner Of Income Vs. Premchand, Tax, Central Circle 1(2), Hyderabad. Hyderabad. Pan: Aqvpp1066C (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: None रधजस् व द्वधरध/Revenue By: Shri Kumar Aditya, Dr सुिवधई की तधरीख/Date Of Hearing: 07/10/2025 घोर्णध की तधरीख/Pronouncement: 10/10/2025 आदेश/Order Per Inturi Rama Rao : This Appeal Filed By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals)-11, Hyderabad [Cit(A)] Dated 21.02.2025 For Assessment Year (Ay) 2022-23. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed His Return Of Income For The A.Y. 2022-23 On 30.07.2022 Declaring Income Of Rs.3,86,750/-. The Telangana State Police Seized Cash Of Rs.7,35,000/- From The Assessee After Following

For Appellant: NoneFor Respondent: Shri Kumar Aditya, DR
Section 250(6)

…T(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 ITA No.741/Hyd/2025 3 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. 6. In the result, the appeal filed by the assessee is allowed for sta…