2008 (8) TMI 167 - HC - Income Tax

Tribunal dismissed the appeal without deciding the case on merits both parties were requesting for adjournment - Once both the parties were requesting for adjournment and that too in the absence of their respective counsel, the Tribunal could very well consider their request or proceed to decide the case on merits instead of dismissing the same in default - parties should be afforded opportunity to address arguments on merits - impugned order passed by the Tribunal is set aside

Summary

Issues:
Appeal dismissal for non-prosecution by the Tribunal.

Analysis:
The High Court heard an appeal filed by the Revenue under Section 260A of the Income-tax Act, 1961, challenging the order of the Income-tax Appellate Tribunal. The substantial question of law raised was whether the Tribunal was correct in dismissing the appeal for non-prosecution instead of deciding it on merits, despite a previous decision in favor of the Revenue by the High Court on the same issue. The Revenue contended that their representative could not appear on the scheduled date due to unavoidable reasons, and their request for an adjournment was denied. The Tribunal also dismissed an application for adjournment by the assessee. The Revenue argued that the issue was crucial and required a decision on merits to prevent a miscarriage of justice. On the other hand, the respondent argued that it was the responsibility of the department to pursue the appeal diligently, and non-appearance led to the dismissal in default.

The High Court, after considering the arguments, found that both parties had requested adjournments in the absence of their respective counsels. The Court noted that the Tribunal's approach was not justice-oriented as it dismissed the appeal without considering the requests for adjournment. The Court emphasized that technicalities should not overshadow the determination of parties' rights and that both sides should be given the opportunity to present arguments on merits. Therefore, the High Court set aside the Tribunal's order and directed the parties to appear for further proceedings on a specified date, emphasizing the importance of hearing and deciding the appeal on its merits rather than dismissing it for non-prosecution.