Maa Chintpurni Mining Pvt Ltd v.ITO( 2024) BCAJ – September – 61 (Ranchi)( Trib) Avdesh Jain v. ITO ( 2024) 167 taxmann.com 730 ( Raipur)( Trib)

S. 250 : Appeal – Commissioner (Appeals) – Procedure -No power to dismiss the appeal on account of non -prosecution – Order of CIT(A) is set aside to decide on merits .[ S.250(6), 251 ]

Held that section 250(6) of the Act , obligates the CIT(A) to state point for determination in appeal before him , the decision thereon and the reasons for determination. CIT(A) has no power to dismiss appeal of assessee on account of non -prosecution and without deciding on merits of the case . The matter is restored to the file of the CIT(A) to decide on merits .   ( AY. 2015 -16)(ITA No. 28/ Ranchi /2024 dt 13 -8 -2024 )

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