2021 (1) TMI 356 - AT - Income Tax

Dismissal of appeal due to non-appearance by the assessee - AO passed the order u/s 143(3) r.w. section 144 determining the total income of the assessee as against loss wherein he made addition u/s 68 - HELD THAT - As per the provisions of the Income-tax Act, the ld.CIT(A) has to decide the appeal on merit and cannot dismiss the appeal on account of non-prosecution. Considering the totality of the facts of the case and in the interest of justice, we deem it proper to restore the issue to the file of the CIT(A) with a direction to grant one final opportunity to the assessee to substantiate its case and decide the issue as per fact and law. The assessee is also hereby directed to appear before the ld. CIT(A) and substantiate its case, failing which the ld.CIT(A) is at liberty to pass appropriate order as per law. - Appeal is allowed for statistical purposes

Summary

Issues:
Challenge to ex parte order of CIT(A) sustaining additions made by AO.

Analysis:
The appeal was filed against the order of the CIT(A) for the assessment year 2014-15. The assessee, a company, declared a loss in its return of income. The AO completed the assessment, making additions under section 68 of the Act. The CIT(A) dismissed the appeal due to non-appearance of the assessee, citing relevant legal precedents. The Tribunal noted that the CIT(A) should have decided the appeal on merit instead of dismissing it for non-prosecution. Therefore, in the interest of justice, the Tribunal directed the issue to be restored to the file of the CIT(A) for the assessee to substantiate its case. The assessee was instructed to appear before the CIT(A) to present its case, with a warning that failure to do so would result in an appropriate order being passed. The Tribunal allowed the grounds raised by the assessee for statistical purposes, ultimately allowing the appeal for statistical purposes.

The Tribunal emphasized that the CIT(A) must decide the appeal on merit and cannot dismiss it solely due to non-prosecution. The decision to restore the issue to the CIT(A) was made to ensure the assessee is given a fair opportunity to present its case. The Tribunal's direction for the assessee to appear before the CIT(A) underscores the importance of due process and the opportunity to substantiate claims. By allowing the grounds raised by the assessee for statistical purposes, the Tribunal acknowledged the procedural aspect of the appeal while ensuring the substantive issues are addressed appropriately. The Tribunal's decision to allow the appeal for statistical purposes signifies a procedural victory for the assessee, indicating that the appeal was successful in challenging the CIT(A)'s dismissal based on non-appearance. The Tribunal's comprehensive analysis and direction demonstrate a commitment to fairness and adherence to legal principles in the adjudication of tax matters.