Income Tax

Dismissal of appeal without issuing defect memo for delay unjustified

Dismissal of appeal without issuing defect memo for delay in filing the appeal-It is well settled that nobody should be condemned unheard

ABCAUS Case Law Citation:
ABCAUS 2756 (2019) (01) ITAT

The assessee had challenged the order of CIT(A) in holding the appeal as belated and hence not admitting the same.

The Assessing Officer (AO) on the basis of AIR information regarding the cash deposits in the saving bank account of the assessee, asked the assessee u/s 133(6) of the Income Tax Act, 1961 (the Act) to explain the source of cash deposited.

Since, there was no response from the assessee’s side, the AO issued the notice u/s 148 r.w.s. 147 of the Act. Thereafter, the assessee filed the copy of return of income.

The AO, however, framed the assessment by making the addition of cash deposited.

Being aggrieved, the assessee carried the matter to the CIT(A) who dismissed the appeal by observing that it was delayed and the assessee had not filed any application for condonation of delay.

Before the Tribunal the assessee submitted that no defect memo was issued by the CIT(A) and the appeal filed before her was within time. Therefore, the CIT(A) was not justified in dismissing the appeal by considering the same as belated.  

The Tribunal observed that the CIT(A) without issuing defect memo relating to delay in filing the appeal dismissed the appeal in limine.

The Tribunal said that it is well settled that nobody should be condemned unheard as per the maxim “audi alteram partem”.

Accordingly, the matter was set aside back to the file of the CIT(A) to be decided afresh n accordance with law after providing due and reasonable opportunity of being heard to the assesse.

Download Full Judgment Click Here >>

Share

Recent Posts

  • Income Tax

If assessee fails to explain source of purchases, estimating profit rate contrary to Section 69C

When assessee failed to explain source of purchases expenditure, estimating profit rate was contrary to provision of Section 69C which…

15 hours ago
  • Income Tax

Income Tax Department not trusted even upon its lawyers – SC slams ITD for delay

Income Tax Department not trusted even upon its lawyers – SC slams ITD on adopting a long process resulting delay…

17 hours ago
  • GST

Goods loaded in two trucks with one e-way bill stating both truck numbers – No evasion

When goods are loaded in two trucks with one e-way bill specifically mentioning both truck numbers, no intention to evade…

2 days ago
  • Labour Laws

GOI makes four new Labour Codes  effective from 21st November 2025

GOI makes four new Labour Codes  effective from 21st November 2025 Government of India has announced that the four Labour…

2 days ago
  • EPFO

Provident fund dues have first charge over claim of bank under SARFAESI Act – SC

Provident fund dues definitely have a first charge over claim of bank under SARFAESI Act – Supreme Court In a…

2 days ago
  • Income Tax

CBDT notifies the Capital Gains Accounts (Second Amendment) Scheme, 2025

CBDT notifies the Capital Gains Accounts (Second Amendment) Scheme, 2025 MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT…

3 days ago