Income Tax

Without stating if notice was served on assessee, CIT(A) not justified in dismissing appeal

Without stating whether notices were served on assessee, CIT(A) was not justified in dismissing the appeal of the assessee for non-appearance – ITAT

ABCAUS Case Law Citation:
ABCAUS 2879 (2019) (04) ITAT

In the instant case, the CIT(A) had dismissed the appeal of the assessee on the ground that the assessee failed to put in appearance on the dates of hearing by him.

However, the case of the assessee was that he had not received the notice of hearing sent by the CIT(A) and therefore was unable to appear before him on the dates of hearing fixed.

The Tribunal noted that the CIT(A) in his order, mentioned the date of notice of hearing sent to the assessee. However, the CIT(A) had not stated in the order whether these notices were served on the assessee.

In view of the above, the Tribunal opined that the CIT(A) was not justified in dismissing the appeal of the assessee for non-appearance by the assessee on the date of hearings fixed by him.

Therefore, the Tribunal set aside the order of the CIT(A) and restored the appeal back to his file for adjudicating afresh after allowing reasonable and proper opportunity of the hearing to the assessee.

Download Full Judgment Click Here >>

Share

Recent Posts

  • Income Tax

Taxes on sales comprising in turnover to be excluded for estimating net profit

Amount of taxes on sales comprising in turnover to be excluded while computing gross receipts for estimating net profit -…

18 hours ago
  • Income Tax

Capital contribution deposited in assessee’s bank not partnership firm – Addition 69A upheld

Addition u/s 69A confirmed as alleged capital contribution by partners was deposited in bank account of assessee not in account…

20 hours ago
  • GST

Bail granted to a CA accused in a GST evasion of more than 40 crores

Allahabad High Court grants bail to Chartered Accountant accused in a GST evasion to the tune of more than 40…

1 day ago
  • Income Tax

Every provision invoked casts a different onus, quoting wrong section prejudice the assessee

Every provision invoked casts a different sort of onus on the assessee – ITAT deleted addition u/s 69 towards bogus…

1 day ago
  • Insurance

Liability under MV Act can’t be decided on the grounds of sympathy alone – Supreme Court

Liability under the Motor Vehicles Act can’t be decided on the grounds of sympathy alone but must be established by…

2 days ago
  • ICAI

ICAI notifies dates of CA Foundation, Intermediate & Final Exams May 2026

ICAI notifies Dates of CA Foundation, Intermediate and Final Exams May 2026 The Institute of Chartered Accountants of India has…

2 days ago