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Procedural Justice: ITAT Restores Appeal Dismissed for Missing Statement of Facts, Mandates Merits Adjudication

Case Law Details

TaxGuru Citation
2025 taxguru.in 9435
Case Name
Dinesh Gulshanlal Gupta Vs ITO (ITAT Ahmedabad)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2016-17
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Dinesh Gulshanlal Gupta Vs ITO (ITAT Ahmedabad)

No Statement of Facts? No Problem! – ITAT Says ‘Don’t Kill the Appeal for a Missing Paragraph- Appeal cannot be dismissed merely for not filing Statement of Facts – Matter remanded for fresh adjudication- ITAT Ahmedabad

Assessee filed returns for AY 2016-17 & 2019-20 declaring ~₹3 lakh income. Investigation Wing seized ledger of Darshanam Group showing assessee allegedly gave cash loans of ₹1.50 crore. AO treated ₹75 lakh (AY 2016-17) & ₹25 lakh (AY 2019-20) as unexplained cash advances u/s 69A r.w.s. 115BBE. Assessee denied the transactions but AO made additions.

Appeal filed before CIT(A), but Statement of Facts (SOF) was not attached to Form 35.

CIT(A)’s Action

  • Issued deficiency notice, but assessee didn’t cure within time.
  • CIT(A) dismissed the appeal as “non-maintainable” solely for not filing SOF.
  • Thus, additions were confirmed without examining merits.

Before ITAT

  • Assessee argued: non-filing of SOF is a procedural defect, not a ground for dismissal.
  • DR fairly conceded that appeal should not have been dismissed & may be remanded.

ITAT’s Findings

  • Appeal was filed in time, in prescribed form, with grounds of appeal.
  • SOF is procedural, not mandatory for maintainability.
  • Section 250(6) mandates CIT(A) to pass a reasoned order on merits.
  • CIT(A) has wide powers – cannot dismiss appeal on technicalities.
  • Once appeal is validly instituted, CIT(A) must adjudicate on merits.
  • CIT(A)’s dismissal set aside.
  • Matter remanded back to CIT(A) to decide afresh on merits after giving opportunity of hearing.
  • ITAT made it clear no view on merits of addition is expressed.

Procedural lapse (like non-filing of Statement of Facts) cannot defeat substantive right of appeal. CIT(A) is bound to decide on merits; dismissal at threshold violates Section 250(6).

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,844

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