2014 (6) TMI 637 - AT - Income Tax

Procedure in appeal u/s 250(6) of the Act Exparte order - Held that - The purpose of enquiry into the reasons for the assessee s non-attendance before the CIT(A), even as clarified during the hearing itself, was to ascertain if there has been any abdication of responsibility on the part of the assessee toward his legal obligations - assessee cannot abuse the process of law by acting in a nonchalant or lackadaisical manner and then seek redressal in the appellate proceedings before a higher forum - the assessee s bona fides are accepted and refrain from imposing any cost thus, the matter is to be remitted back to the CIT(A) who shall decide the issue/s agitated before him in accordance with law after hearing the parties before him Decided in favour of Assessee.

Summary

Issues: Appeal against dismissal of assessment under section 143(3) for A.Y. 2007-08 by CIT(A) - Non-representation before first appellate authority - Validity of dismissal in limine - Imposition of cost on assessee - Setting aside impugned order.

In this case, the assessee filed an appeal against the order of the Commissioner of Income Tax (Appeals)-33, Mumbai, dismissing the assessee's appeal contesting its assessment under section 143(3) of the Income Tax Act, 1961 for the assessment year 2007-08. The assessee's counsel argued that the dismissal of the appeal by the CIT(A) in limine, following a Tribunal decision, was not valid in law. The counsel explained that the non-representation before the first appellate authority was due to one of the partners being seriously ill and hospitalized at the relevant time. The Tribunal noted that the orders by the first appellate authority must be speaking orders, deciding issues on merits, both legal and factual. Therefore, the impugned order was deemed unsustainable in law.

The Tribunal examined the reasons for the assessee's non-attendance before the CIT(A) to determine if there was any neglect of legal obligations. While the Revenue authority's dismissal of the appeal in limine may not be legally correct, the Tribunal emphasized that the assessee should not act negligently and then seek redressal in higher forums. However, considering the genuine reasons for non-attendance due to illness, the Tribunal refrained from imposing any costs on the assessee. The Tribunal set aside the impugned order and directed the matter to go back to the CIT(A) for a fresh decision after hearing both parties, with the assurance of the assessee's full cooperation in the proceedings.

Ultimately, the Tribunal allowed the assessee's appeal for statistical purposes, indicating that the decision was pronounced at the hearing's conclusion on May 28, 2014. The judgment highlighted the importance of ensuring due process and adherence to legal obligations while also considering genuine reasons for non-compliance in legal proceedings.