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2016 (5) TMI 290 - HC - Income TaxPower of CIT(A) to dismiss the appeal of the assessee for non-prosecution of the appeal - Held that - CIT(A) is obliged to dispose of the appeal on merits. In fact with effect from 1st June, 2001 the power of the CIT(A) to set aside the order of the Assessing Officer and restore it to the Assessing Officer for passing a fresh order stands withdrawn. Therefore, it would be noticed that the powers of the CIT(A) is coterminus with that of the Assessing Officer i.e. he can do all that Assessing Officer could do. Therefore just as it is not open to the Assessing Officer to not complete the assessment by allowing the assessee to withdraw its return of income, it is not open to the assessee in appeal to withdraw and/or the CIT(A) to dismiss the appeal on account of non-prosecution of the appeal by the assessee. This is amply clear from the Section 251(1)(a) and (b) and Explanation to Section 251(2) of the Act which requires the CIT(A) to apply his mind to all the issues which arise from the impugned order before him whether or not the same has been raised by the appellant before him. Accordingly, the law does not empower the CIT(A) to dismiss the appeal for non-prosecution as is evident from the provisions of the Act.
Issues:
Challenge to order of Income Tax Appellate Tribunal regarding dismissal of appeal for non-prosecution by Commissioner of Income Tax (Appeals) under the Income Tax Act, 1961. Analysis: 1. Issue: Challenge to the order of the Income Tax Appellate Tribunal regarding the dismissal of the appeal for non-prosecution by the Commissioner of Income Tax (Appeals). Analysis: The appeal in question challenged the order dated 9th May, 2013 passed by the Income Tax Appellate Tribunal (the Tribunal) concerning Assessment Year 2006-07. The main issue raised was whether the Commissioner of Income Tax (Appeals) has the power under the Income Tax Act, 1961 to dismiss an appeal for non-prosecution. The Tribunal held that the Commissioner of Income Tax (Appeals) does not have the authority to dismiss an appeal on the grounds of non-prosecution based on Section 250(6) of the Act. This section mandates that the order of the Commissioner of Income Tax (Appeals) must be in writing, state the points for determination, and provide a decision on those points. Since the Commissioner of Income Tax (Appeals) did not fulfill these requirements, the Tribunal quashed the order and restored the appeal to the Commissioner of Income Tax (Appeals) for fresh disposal. 2. Issue: Powers and procedures of the Commissioner of Income Tax (Appeals) under the Income Tax Act, 1961. Analysis: The judgment delves into the powers and procedures of the Commissioner of Income Tax (Appeals) as governed by Sections 250 and 251 of the Income Tax Act, 1961. Section 250(4) requires the Commissioner of Income Tax (Appeals) to conduct further inquiries before disposing of an appeal. Section 250(6) mandates that the order disposing of the appeal must be in writing, state the points for determination, and provide reasons for the decision. Additionally, Section 251 outlines the powers of the Commissioner of Income Tax (Appeals) in confirming, reducing, enhancing, or annulling assessments and penalties. The Explanation to Section 251(2) clarifies that the Commissioner of Income Tax (Appeals) can consider and decide on any matter arising from the proceedings, even if not raised by the appellant. The judgment emphasizes that once an appeal is filed, the Commissioner of Income Tax (Appeals) is obliged to dispose of it on merits, and withdrawal or non-prosecution is not permissible. The powers of the Commissioner of Income Tax (Appeals) are aligned with those of the Assessing Officer, and dismissal for non-prosecution is not authorized by law. 3. Issue: Entertaining substantial questions of law in the context of the appeal. Analysis: The judgment concludes that the question raised does not give rise to any substantial question of law and, therefore, is not entertained. Consequently, the appeal is dismissed with no order as to costs. In summary, the High Court of Bombay addressed the challenge to the Income Tax Appellate Tribunal's decision regarding the dismissal of an appeal for non-prosecution by the Commissioner of Income Tax (Appeals). The judgment elucidated the powers and procedures of the Commissioner of Income Tax (Appeals) under the Income Tax Act, emphasizing the obligation to dispose of appeals on merits and the lack of authority to dismiss appeals for non-prosecution. The court found no substantial question of law in the case and dismissed the appeal accordingly.
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