PRADEEP KUMAR GARG AND SONS (HUF),KOLKATA vs. ITO,WD-37(3),KOL., KOLKATA
What did the Tribunal hold?
The Tribunal found that the interests of justice would be served by allowing the assessee an opportunity to present their case. Therefore, the CIT(A)'s ex parte order was set aside.
What were the facts?
The assessee's appeal was against the CIT(A)'s order confirming an addition of Rs. 42,52,750/- as undisclosed income. The assessee argued that the CIT(A) passed an ex parte order despite an adjournment application being filed.
What were the issues?
Whether the CIT(A) erred in passing an ex parte order without considering the assessee's adjournment application. The core issue was the validity of the ex parte assessment order.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH KOLKATA
Before: Shri Sanjay Garg & Dr. Manish Borad
order : November 28, 2023 आदेश / ORDER संजय गग�, �या�यक सद�य �वारा / Per Sanjay Garg, Judicial Member: The present appeal has been preferred by the assessee against the order dated 27.05.2023 of the National Faceless Appeal Centre (hereinafter referred to as the ‘CIT(A)’) passed u/s 250 of the Income Tax Act (hereinafter referred to as the ‘Act’).
The assessee in this appeal has agitated the confirmation of addition of Rs.42,52,750/- made by the Assessing Officer taking the long-term capital gain as undisclosed income of the assessee u/s 68 of the Act.
At the outset, the ld. counsel for the assessee has invited our attention to the impugned order of the CIT(A) to submit that the same is Assessment year: 2013-14 Pradeep Kumar Garg and Sons (HUF)
More judgments on Section 68
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Bliss Dealtrade Private Limited, Kolkata vs Income Tax Officer - Ward 9(2) Kolkata…ITA 208/KOL/2026[2012-13]Status: Disposed21 Oct 2026AY 2012-13
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
Recent GST High Court judgments
Search GST case law →- M/S Shivam Tiles House vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- Imtiyaz Shaikh Z Chorlekar vs. Salman ShaikhBombay · 21 Oct 2026
- Dr Babasaheb Ambedkar Marathwada University Thr Its Registrar Prashant S Amrutkar vs. Union Of INDIA Thr The Secretary And OthersBombay · 19 Oct 2026
- Babasaheb Ambedkar Marathwada University Thr Registrar Prashant S Amrutkar vs. Union Of INDIA Thr Secretary And OthersBombay · 19 Oct 2026
- Vinishma Technologies Private Limited vs. State Of KarnatakaKarnataka · 17 Oct 2026