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The appeals by the assessee for the asst. yrs. 1974-75 and 1975-76 were related. The AAC dismissed the appeals based on a misapprehension that the counsel admitted to default without reasonable cause. However, the counsel denied this admission in an affidavit. The ITAT held that such admissions are not binding, and the appeal should be decided on its merits. The orders of the AAC were set aside, and the appeals were restored for a decision on merits. The appeals were partly allowed for statistical purposes.
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