Facts of the Case
The assessee had not
filed the return of income for the relevant assessment year. The Assessing
Officer completed the assessment by making various additions and determined the
total income at ₹13,02,820. Aggrieved by the assessment order, the assessee
preferred an appeal before the Commissioner of Income Tax (Appeals). The
learned CIT(A), however, dismissed the appeal ex-parte. The assessee thereafter
filed an appeal before the Income Tax Appellate Tribunal with a delay, along
with an application for condonation of delay.
Issues Involved
- Whether the delay in filing the appeal before the
Tribunal was liable to be condoned.
- Whether the ex-parte order passed by the CIT(A)
without a speaking order was sustainable in law.
- Whether dismissal of appeal without adjudication
on merits violates Section 250(6) of the Income-tax Act, 1961.
Petitioner’s (Assessee’s) Arguments
The assessee contended
that the delay in filing the appeal was unintentional and beyond his control.
It was further argued that the CIT(A) passed the appellate order ex-parte
without providing sufficient opportunity of being heard and failed to pass a
reasoned and speaking order as mandated under Section 250(6) of the Act.
Respondent’s (Revenue’s) Arguments
The learned Senior
Departmental Representative did not raise any objection to the assessee’s
application for condonation of delay. During the hearing before the Tribunal,
the Department relied on the material available on record.
Court Order / Findings
The Tribunal condoned
the delay in filing the appeal, considering the facts and circumstances of the
case. On merits, the Tribunal observed that Section 250(6) of the Income-tax
Act clearly mandates the CIT(A) to dispose of an appeal by passing a speaking
order, stating the points for determination, the decision thereon, and the
reasons for such decision. The Tribunal held that even in cases of
non-appearance by the assessee, the appellate authority is duty-bound to decide
the appeal on merits. Accordingly, the impugned ex-parte order of the CIT(A)
was set aside and the matter was restored to the file of the CIT(A) for passing
a de novo speaking order after providing reasonable opportunity of being heard
to the assessee.
Important Clarification
The Tribunal clarified
that non-attendance or non-compliance by the assessee does not absolve the
CIT(A) from the statutory obligation under Section 250(6) of the Income-tax
Act. An appellate order must necessarily be a reasoned and speaking order on
merits, failing which it is liable to be set aside.
Link to download the order - https://www.mytaxexpert.co.in/uploads/1770710385_ACHCHHELALYADAVDECEASEDLHAMARSINGHYADAVALLAHABADVS.ITOWARD21ALLAHABADALLAHABAD.pdf
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