2021 (3) TMI 1385 - AT - Income Tax

Ex-parte order passed by CIT - Addition u/s 68 - Despite issuance of various fixation notices the assessee neither attended the appellate proceedings nor submitted any written statement/paper book in support of the grounds of appeal CIT(A) therefore dismissed the appeal and confirmed the addition HELD THAT - It appears to us that in the reliance placed by the Ld. CIT(A) in the case of Estate of late Tukojirao 1996 (3) TMI 92 - MADHYA PRADESH HIGH COURT is a misplaced one. Impugned order is not in compliance with the requirement of section 250 (6) which obliges the CIT(A) to dispose of an appeal in writing after stating the points for a determination and then rendered a decision on each of the points which arises for consideration with the reasons in support. Further under section 251 (1) (a) and (b) of the Act Ld. CIT(A) has the power to confirm reduce enhance or annul and assessment and/or penalty. It is therefore clear that once the assessee filed an appeal under section 246A of the Act it is not open for the Ld. CIT(A) to dismiss the appeal in limine without any reasons being assigned on the points from for a determination. According to us therefore the dismissal of appeal by Ld. CIT(A) in limine is incorrect because the impugned order does not render any assistance to us to appreciate the contentions of the assessee on merits. Further such an order does not render any assistance to us to appreciate the contentions of the assessee on merits. Appeal of the assessee is allowed for statistical purpose.

Summary

Issues:
1. Appeal against order passed by Ld. CIT(A) regarding assessment year 2016-17.
2. Dismissal of appeal by Ld. CIT(A) due to non-appearance of the assessee.
3. Compliance with the requirements of the Income Tax Act, 1961 by Ld. CIT(A).
4. Power of Ld. CIT(A) to confirm, reduce, enhance, or annul assessment and/or penalty.
5. Correctness of dismissing the appeal in limine without assigning reasons.

Issue 1: Appeal against Ld. CIT(A) Order
The assessee appealed against the order passed by the Ld. CIT(A) for the assessment year 2016-17, declaring a loss initially and later revising it after demonetization. The assessment was completed by the Assessing Officer under section 143(3) of the Income Tax Act, 1961, making an addition on account of undisclosed income.

Issue 2: Dismissal of Appeal
Despite various notices issued during the assessment proceedings, the assessee did not attend the appellate proceedings or submit any written statement. Consequently, the Ld. CIT(A) dismissed the appeal, citing a decision of the Hon'ble Madhya Pradesh High Court regarding non-appearance at hearings.

Issue 3: Compliance with IT Act
The Tribunal found the reliance placed by Ld. CIT(A) on the aforementioned case to be misplaced. It was noted that the impugned order did not comply with the requirements of the Income Tax Act, specifically section 250(6), which mandates a written disposal of appeals with stated points for determination and reasons for decisions.

Issue 4: Power of Ld. CIT(A)
Under section 251(1)(a) and (b) of the Act, the Ld. CIT(A) has the authority to confirm, reduce, enhance, or annul assessments and penalties. The Tribunal emphasized that once an appeal is filed, the Ld. CIT(A) cannot dismiss it without assigning reasons for determination, as it is essential for appreciating the contentions of the assessee on merits.

Issue 5: Correctness of Dismissal
The Tribunal set aside the impugned order and restored the appeal to the Ld. CIT(A) for fresh disposal, emphasizing the need for reasons and providing the assessee with a final opportunity to present their case on merits. Consequently, the appeal of the assessee was allowed for statistical purposes.

This detailed analysis of the judgment highlights the issues involved and the Tribunal's decision on each aspect, ensuring a comprehensive understanding of the legal proceedings and outcomes.