CIT (A) dismissed the appeal in limine on the ground that the assessee did not comply with the summons issued to him and did not appear before him. On appeal the Tribunal held that as per S. 250 (6) of the Act , The Commissioner (Appeals) was required to formulate points in dispute, and thereafter record reasons on such points. even while passing ex parte order he ought to have decided the appeal on the merits instead of dismissing it in Limine for want of prosecution. Tribunal also held that the CIT (A) failed to adhere to the mandatory procedure contemplated in section 250(6) of the Act Hence the order was not sustainable and was set aside with direction for fresh adjudication.( AY.2014-15)
Ashokkumar Kalubhai Nakrani v. ITO (2020)82 ITR 7 (SN) (Surat) (Trib)
S. 250 : Appeal – Commissioner (Appeals) -Duties – Ex -parte order -Mandatory procedure to formulate points in dispute and thereafter record reasons on such points — Failure to appear on appointed day , CIT (A ) cannot dismiss the appeal in Limine – He ought to have decided on merits . [ S. 131, 250(6) ]