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2025 (2) TMI 531 - AT - Income TaxCIT(A) passing an ex-parte order without providing the assessee a proper opportunity to be heard - HELD THAT - We note that Section 250(6) casts a duty on the Ld. CIT(A) to pass an order in appeal which should state the points for determination and a decision as well as the reason for arriving at such decision. In the present case before us even though the assessee had made its submissions along with supporting documents before the Ld. AO which are on record CIT(A) has not mentioned the reasons after examining the records while disposing of the appeal. CIT(A) has neither adjudicated upon various grounds of appeal nor has passed a reasoned order for arriving at the decision as is required u/s 250(6) of the Act. As in Ajji Basha 2019 (12) TMI 320 - MADRAS HIGH COURT it has been held that a speaking order on merits with reasons and findings is to be passed by Commissioner (Appeals) on basis of ground raised in assessee s appeal; he cannot dispose assessee s appeal merely by holding that AO s order is a self-speaking order which requires no interference. It has also been held in the case Premkumar Arjundas Luthra (HUF) 2016 (5) TMI 290 - BOMBAY HIGH COURT that the law does not empower the Ld. CIT(A) to dismiss the appeal for non-prosecution as is evident from the provisions of the Act. We deem it appropriate to remit the matter back to the Ld. CIT(A) for disposal of the grounds taken by the assessee on merits by passing a speaking order. Needless to say the assessee shall be given a reasonable opportunity of being heard to make any further submission it wants to make in support of various grounds of appeal and the Ld. CIT(A) shall decide the appeal in accordance with law and after following Rule 46A of the Income-tax Rules 1962 if required. Appeal filed by the assessee is allowed for statistical purposes.
ISSUES PRESENTED and CONSIDERED
The primary issues considered in this appeal were: 1. Whether the Commissioner of Income Tax (Appeals) [CIT(A)] erred in passing an ex-parte order without providing the assessee a proper opportunity to be heard. 2. Whether the addition of Rs. 65,00,000/- to the assessee's income, based on a statement made during a survey and later retracted, was justified. ISSUE-WISE DETAILED ANALYSIS 1. Opportunity to be Heard Relevant Legal Framework and Precedents: The principles of natural justice require that an assessee should be given a fair opportunity to present their case. Section 250(6) of the Income Tax Act mandates that the CIT(A) must state the points for determination and provide reasons for their decision. Court's Interpretation and Reasoning: The Tribunal noted that the CIT(A) dismissed the appeal primarily due to non-compliance by the assessee, as the notices were sent via email, which the assessee claimed to have missed due to unfamiliarity with electronic procedures. Key Evidence and Findings: The CIT(A) issued multiple notices, but there was no compliance from the assessee. The Tribunal observed that the CIT(A) did not adjudicate on the merits of the case, focusing instead on procedural non-compliance. Application of Law to Facts: The Tribunal emphasized the requirement under Section 250(6) for the CIT(A) to provide a reasoned order, which was not fulfilled in this case. Treatment of Competing Arguments: The Tribunal acknowledged the Department's position that the CIT(A) provided ample opportunities, but sided with the assessee's argument that the merits of the case were not addressed. Conclusions: The Tribunal concluded that the CIT(A) failed to provide a reasoned decision on the merits and remitted the matter back to the CIT(A) for a fresh adjudication. 2. Addition of Rs. 65,00,000/- Relevant Legal Framework and Precedents: The addition was based on a statement recorded during a survey under Section 133A, which the assessee later retracted. The Tribunal considered precedents such as the Supreme Court's decision in CIT v. S. Khader Khan Son, which held that statements recorded during surveys have no evidentiary value unless corroborated by material evidence. Court's Interpretation and Reasoning: The Tribunal noted that the CIT(A) upheld the addition without addressing the assessee's argument that the statement was retracted and unsupported by incriminating evidence. Key Evidence and Findings: The Tribunal reviewed the survey's findings, including the discrepancy in stock valuation and the subsequent retraction of the disclosure by the assessee. Application of Law to Facts: The Tribunal found that the CIT(A) did not evaluate whether the retracted statement, unsupported by corroborative evidence, could justify the addition. Treatment of Competing Arguments: The Tribunal considered the assessee's reliance on judicial precedents and circulars that discourage additions based solely on retracted statements without corroborative evidence. Conclusions: The Tribunal determined that the CIT(A) should have considered the merits of the retraction and the lack of corroborative evidence before confirming the addition. SIGNIFICANT HOLDINGS Core Principles Established: The Tribunal reaffirmed the principle that additions based solely on retracted statements without corroborative evidence are unjustified. It emphasized the necessity for appellate authorities to provide reasoned decisions, addressing both procedural and substantive aspects of the case. Final Determinations on Each Issue: The Tribunal set aside the CIT(A)'s order and remitted the matter for fresh adjudication, instructing the CIT(A) to consider the merits of the case and provide a reasoned order in compliance with Section 250(6) of the Income Tax Act.
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