PANNA NIKHIL MERCHANT,MUMBAI vs. ACIT-19(2), MUMBAI
What did the Tribunal hold?
The Tribunal found that the CIT(A) passed an ex-parte order without affording sufficient opportunity. To ensure justice, the appeal was restored to the CIT(A) for fresh adjudication on merits.
What were the facts?
The assessee's appeal was dismissed ex-parte by the CIT(A) for the Assessment Year 2014-15. The assessee claimed they were not given sufficient opportunity of hearing, while the department stated multiple notices were issued without response.
What were the issues?
Whether the CIT(A) erred in passing an ex-parte order without providing adequate opportunity of hearing to the assessee.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCH “ C ”, MUMBAI
ORDER
PER VIKAS AWASTHY, JM:
This appeal by the assessee is directed against an ex-parte order passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi[ in short ‘the CIT(A)’] dated 30/05/2023, for the Assessment Year 2014-15.
Shri Satyaprakash Singh appearing on behalf of the assessee submitted that the CIT(A) has passed the impugned order in an ex-parte proceedings without affording sufficient opportunity of hearing to the assessee.
Per contra, Shri Prabhat Kumar Gupta representing the Department vehemently defended the impugned order. He submitted that a perusal of the impugned order would show that various notices were issued to the assessee but the assessee did not respond to any of the notices.
Both sides heard, orders of the authorities below examined. The CIT(A) in an ex-parte proceedings has dismissed the appeal of assessee. A perusal of the impugned order shows that ostensibly, multiple notices were issued to the assessee, but, the assessee failed to comply with the same. Taking into consideration entire facts of the case and in the interest of justice, we deem it appropriate to restore this appeal back to the file of CIT(A) for fresh adjudication. The CIT(A) shall decide the appeal on merits after affording reasonable opportunity of hearing/making submissions to the assessee, in accordance with law.
The assessee is directed to comply with the notice(s) served by the CIT(A) without fail.
In the result, appeal by the assessee is allowed for statistical purpose.
Order pronounced in the open court on Thursday the 19th day of October, 2023.
Recent GST High Court judgments
Search GST case law →- Tyre Center vs. The Superintendent Of CGSTAndhra Pradesh · 26 Oct 2026
- M/S Monolith Resorts Private Limited vs. The CommissionerUttarakhand · 26 Oct 2026
- Sutlej Textiles And Industries Limited vs. Union Of INDIARajasthan · 26 Oct 2026
- M/S. Ut Corp vs. Union Of INDIARajasthan · 26 Oct 2026
- Sunrise Engineering vs. The State Of Andhra PradeshAndhra Pradesh · 26 Oct 2026