Allowing the appeal the Tribunal held that it is not open to the CIT(A) to dismiss the appeal ex parte without addressing all the grounds of appeal on merits of the case; CIT(A) having dismissed the appeal by passing ex parte order qua assessee without issuing any notice fixing the case for hearing of appeal as mandated by S. 250(1). The order of the CIT(A) is set aside and he is directed to pass de novo order as per law, in accordance with law. Followed CIT v. Premkumar Arjundas Luthra (HUF)(2016) 240 Taxman 133/ (2017) 297 CTR 614/ 154 DTR 302 (Bom)(HC) (AY.2012-13)
Indu Sharma (Smt.) v. ITO (2025) 233 TTJ 113 (Amritsar)(Trib)
S. 251 : Appeal-Commissioner (Appeals)-Powers-Dismissal of appeal ex parte-CIT(A)has no power to dismiss the appeal without discussing the appeal on merits-Matter is remanded to the CIT(A) to decide the grounds on merits. [S. 250(1)]
Leave a Reply