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    <title>2025 (2) TMI 768 - CALCUTTA HIGH COURT</title>
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    <description>An income-tax appeal before the Commissioner (Appeals) cannot be dismissed solely for non-appearance where the grounds of appeal are already on record, because the appellate authority must exercise its co-terminus powers and decide the matter on merits. A dismissal for non-prosecution is therefore unsustainable. The delay in filing the Tribunal appeal was also not treated as a bar to relief, since the Court considered the assessee&#039;s conduct, the pandemic period, and the absence of mala fides, and restored the dispute for fresh adjudication. The matter was remitted to the Commissioner (Appeals) for decision in accordance with law.</description>
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