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Faceless CIT(A) Cannot Reject Appeal for Admitted Tax Payment Lapse: ITAT Raipur

Case Law Details

TaxGuru Citation
2026 taxguru.in 464
Case Name
Rajat Kumar Gupta Vs ITO (ITAT Raipur)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2014-15
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Rajat Kumar Gupta Vs ITO (ITAT Raipur)

CIT(A) Under Faceless Appeal Scheme Cannot Dismiss Appeal for Non-Payment of Admitted Tax—Matters Remanded

In Rajat Kumar Gupta v. ITO-1, Ambikapur (ITA Nos. 736 & 737/RPR/2025; AYs 2014-15 & 2015-16), the ITAT Raipur Bench examined whether a CIT(A) functioning as an Appeal Unit (AU) under the Faceless Appeal Scheme could dismiss appeals at the threshold under Section 249(4) for alleged non-payment of admitted tax.

The assessee’s cases were reopened and additions were made u/s 69A treating substantial bank deposits as unexplained. The CIT(A), NFAC, dismissed both appeals without admitting them, holding them non-maintainable for non-payment of admitted tax under Section 249(4), without adjudicating merits.

The Tribunal held that under CBDT Notification F. No. S.O. 3296(E) dated 25-09-2020, the power to admit or reject appeals under Sections 249(2)/(4) lies with the NFAC/RFAC, not with the Appeal Unit/CIT(A) assigned to decide the appeal on merits. Further, the assessee had actually paid the admitted tax (either before or during appellate proceedings), and in any case was entitled to a reasonable opportunity before rejection.

Key Rulings & Directions:

  • CIT(A) (as AU) lacked jurisdiction to dismiss appeals under Section 249(4).

  • Dismissal without admission was unjustified and contrary to the Faceless Appeal Scheme.

  • Right of appeal is a substantive right and must be construed liberally.

  • Both matters set aside and remanded to CIT(A) for admission first (via NFAC process) and thereafter de novo adjudication on merits, after giving due opportunity to the assessee.

Outcome: Appeals allowed for statistical purposes; matters restored to CIT(A) for fresh consideration in accordance with law.

FULL TEXT OF THE ORDER OF ITAT RAIPUR

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,879

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