Tag: ex-parte order
CIT(A) can not dismiss appeal in limine for non filing of written submissions by assessee In a recent judgment, the Agra ITAT has held that CIT(A) can not dismiss appeal in limine for not filing written submissions without deciding the issues on merits as per law in terms …
Delay in filing appeal condoned as assessee was not a tech savvy person and could not see notice sent to email mentioned in Form No. 35 ABCAUS Case Law Citation:ABCAUS 3730 (2023) (05) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) …
NFAC did not sent notice to email id mentioned in Form 35. ITAT remand case despite CIT(A) had given finding on the merits. ABCAUS Neutral Case Law Citation:ABCAUS 3697 (2023) (04) ITAT Important Case Laws relied upon by parties:N. Balakrishnan vs. M. Krishnamurthy (1998) 7 SSC 123 (SC)New …
ITAT can not dismiss appeal ex-parte without addressing merits of issues in appeal- Allahabad High Court ABCAUS Case Law CitationABCAUS 3561 (2021) (11) HC Important case law relied referred:Multiplan India Ltd. 38 ITD 320Estate of Late Tukojirao Holkar vs. vs. CWT 223 ITR 480CIT vs. B. Bhattachargee & …
ITAT warns CIT(A) of penalty for not-passing speaking order on merit due to non appearance or non prosecution ABCAUS Case Law Citation:ABCAUS 3240 (2020) (01) ITAT In the instant case, an appeal was filed by the assessee against the order of the Commissioner of Income Tax . It …
Dismissing appeal ex-parte by CIT(A) on very first date of hearing without giving proper opportunity to the assessee to prepare the case was unjustified – ITAT ABCAUS Case Law Citation: ABCAUS 2906 (2019) (05) ITAT The appeal by Assessee was directed against the Order of the CIT(A) whereby …
Ex parte order passed without considering e-mail sent to Assessing Officer and CIT(A) restored back to AO by ITAT ABCAUS Case Law Citation: ABCAUS 2601 (2018) (10) ITAT The instant appeal was filed by the revenue against the order of the CIT(A). The assessee was an individual and …
CIT-Appeals ex-parte order bad as he himself adjourned hearing for being busy, notice received on same date and AR was suffering from high fever – ITAT ABCAUS Case Law Citation: ABCAUS 1251 (2017) (05) ITAT The Grievance: The appellant assessee was aggrieved by the order passed by the …
CIT Appeals must pass speaking order even in ex-parte cases. ITAT Delhi, in a recent case remanded back the appeal of the assessee which was dismissed in limine by CIT(A) for non appearnace. Case Law Details: I.T.A .No.-2379/Del/2015 (ASSESSMENT YEAR-2010-11) Abhinav Dwivedi vs ITO Date of Judgment/Order: 04/05/2016 Brief Facts of the …