2023 (4) TMI 28 - AT - Income Tax

Procedure in appeal and powers of the Commissioner Appeals - CIT(A) dismissed the appeal on account of non-prosecution of the appeal by the appellant - HELD THAT - CIT(A) dismissed the assessee s appeal in a summary manner, for non-compliance with the notices of hearing, under the presumption that the assessee had nothing to appeal against the additions made by AO. CIT(A) did not decide the assessee s appeal on merits, and dismissed the appeal in limine. CIT(A) erred in dismissing the appeal of the Assessee in limine in a summary manner and accordingly we direct the Ld. CIT(A) to pass denovo order as per law after providing reasonable opportunity to the appellant assessee, ensuring proper adherence to section 250(6) - Assessee s appeal is partly allowed for statistical purposes.

Summary

Issues involved:
The issues involved in this case are (A) Dismissal of appeal by Ld. CIT(A) under section 250 of the Income Tax Act, 1961, (B) Non-compliance with notices of hearing leading to summary dismissal of appeal, and (C) Direction for fresh order by the Appellate Tribunal ITAT Delhi.

Issue (A): Dismissal of appeal by Ld. CIT(A) under section 250 of the Income Tax Act, 1961:
The appeal was filed against the order of the Learned Commissioner of Income Tax (Appeals)-27, New Delhi for Assessment Year 2010-11. The grounds of appeal challenged the dismissal of the appeal by Ld. CIT(A) under section 250 of the Income Tax Act, asserting that the law does not empower Ld. CIT(A) to dismiss the appeal for non-prosecution. The appellant contended that the penalty order should have been initiated and passed under section 271AAA of the IT Act instead of section 271(1)(c). It was argued that penalty proceedings were not initiated during the appeal, rendering the penalty order based on the findings of Ld. CIT(A) as without jurisdiction. The appellant further challenged the imposition of penalty for furnishing inaccurate particulars of income without specifying the precise default in the notice, deeming the notice vague and non-communicative. The appellant also disputed the levy of penalty based on estimated additions, contending that the rejection of the explanation for the rate of commission declared was unfounded. The Ld. CIT(A) was directed to consider the submissions made before her in support of the grounds of appeal raised.

Issue (B): Non-compliance with notices of hearing leading to summary dismissal of appeal:
The impugned appellate order of Ld. CIT(A) dismissed the assessee's appeal in limine due to non-compliance with notices of hearing, without deciding the appeal on merits. The Appellate Tribunal found that the Ld. CIT(A) erred in dismissing the appeal summarily and directed a fresh order to be passed after providing a reasonable opportunity to the appellant, ensuring proper adherence to section 250(6) of the IT Act. The relevant provisions under the IT Act regarding procedure in appeal and powers of the Commissioner [Appeals] were highlighted, emphasizing the necessity for the Ld. CIT(A) to state the points for determination, reasons for decision, and pass a written order on each point arising for consideration.

Issue (C): Direction for fresh order by the Appellate Tribunal ITAT Delhi:
The Appellate Tribunal partially allowed the assessee's appeal for statistical purposes, setting aside the impugned order of Ld. CIT(A) and directing a denovo order to be passed in accordance with the law after providing a reasonable opportunity to the appellant and ensuring proper adherence to section 250(6) of the IT Act. The decision was pronounced in Open Court in the presence of the Senior Departmental Representative for Revenue, and the order was signed on the same day after the hearing concluded.