9911796707
TMI Blog2019 (7) TMI 1441X X X X Extracts X X X X X X X X Extracts X X X X ..... not disclose as to the reason for rejecting the grounds urged in appeal memorandum and no supporting reasons have been assigned. It is in this background, the expression dispose of the appeal on merits occurring Rule 24 would acquire significance. In other words, there is a duty cast on the Tribunal to adjudicate the claim on merits even in the absence of parties or their authorized representative. In the instant case, it would not end at this stage, an application was filed for recall of said order. For recalling the order, reasons assigned by the counsel appearing on behalf of assessee was, he had noted down the date of hearing erroneously as 30.04.2017 instead of 30.03.2017. The possibility of said error occurring cannot be ru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... without adverting to the grounds urged in the memorandum of appeal filed by the assessee? 2) Whether authorities were justified in rejecting the claim of the assessee for deduction claimed under Section 54B of Income Tax Act, 1961, by holding that appellant is not eligible for such deduction? 3. Perusal of the records would disclose that the assessee sold 7.2 acres of agricultural land situated in Gopannakuppe for a total consideration of ₹ 69,55,000/-. Said property being a capital asset is not disputed. Said land was sold in three pieces under separate sale deeds which came to be registered on the same day i.e., on 16.11.2011. Hence, assessee claimed deduction under Section 54B of the Income Tax Act amounting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eason that the CIT (Appeals) has properly adjudicated all the issues raised before said authority. In the words of the Tribunal itself findings so recorded read: 3. On careful perusal of the record, it is noticed that on last date of hearing i.e., 09.02.2017, hearing was adjourned at the request of the assessee to 30.03.2017. Despite having issued notice about the date of hearing, none appeared on behalf of the assessee. Therefore we had no option but to hear the appeal ex-parte qua the assessee. Accordingly, we heard the arguments of the revenue and having carefully perused the orders of the authorities below on the impugned issues raised before us in the light of revenue s contention, we find that CIT(A) has properly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el appearing for the revenue, order dated 31.03.2017 passed by tribunal does not disclose as to the reason for rejecting the grounds urged in appeal memorandum and no supporting reasons have been assigned. It is in this background, the expression dispose of the appeal on merits occurring Rule 24 would acquire significance. In other words, there is a duty cast on the Tribunal to adjudicate the claim on merits even in the absence of parties or their authorized representative. 7. In the instant case, it would not end at this stage, an application was filed for recall of said order which was numbered as M.P.No.235/B/2017. For recalling the order, reasons assigned by the counsel appearing on behalf of assessee was, he had noted down t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
