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| The Tax Publishers2020 TaxPub(DT) 4807 (Karn-HC) : (2021) 430 ITR 0159 INCOME TAX ACT, 1961
Section 254(2)
The order of Tribunal dismissing the claim of assessee regarding depreciation on asset was liable to be quashed as Tribunal had not adjudicated the matter on merits and instead, dismissed the same summarily.
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Appeal (Tribunal) - Order of Tribunal - Non-adjudication of matter on merit -
Assessee filed appeal against the order of Tribunal wherein it was held that in the absence of documentary evidence in support of assessee's claim that the property sold in question was not depreciable asset, could not be accepted. Held: It is trite law that for the fault committed by a counsel, a party should not be penalized. It appeared that on account of inadvertence, the senior chartered accountant engaged by the assessee could not comply with the directions of the Tribunal to file the documents. The Tribunal, in fact, should have adjudicated the matter on merits, instead of summarily dismissing the same. Thus, order passed by Tribunal was liable to be quashed.
REFERRED :
FAVOUR : In favour of assessee.
A.Y. : 2016-17
IN THE KARNATAKA HIGH COURT
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