CIT(A) cannot dismiss appeal on account of non-prosecution

Mangalam Developers Vs ITO (ITAT Mumbai) ITAT Mumbai held that CIT(A) is not vested with any power to summarily dismiss the appeal on account of non prosecution. CIT(A) remains under statutory obligation to dismiss appeal on merits. Accordingly, matter remanded back to CIT(A) for denovo adjudication. Facts- The present appeal is filed by the assessee mainly contesting that CIT(A) has erred in sustaining the addition of Rs 46,24,350/- made by the Learned Assessing Officer (A.O) u/s 43CA r.w.s56(2)(vii)(b) under the pretext of sale of flats below the market value without considering the fact tha...