SHRI SATYENDRA PRASAD,MAYURBHANJ vs. ACIT, ROURKELA CIRCLE, ROURKELA
What did the Tribunal hold?
The Tribunal restored the appeal to the CIT(A) for re-adjudication, granting the assessee one more opportunity to present their case, subject to a cost of Rs. 2,000/-.
What were the facts?
The assessee's appeal was dismissed by the CIT(A) ex-parte due to non-response to multiple hearing notices. The assessee contended that they were not given adequate opportunity and sought a fresh hearing.
What were the issues?
Whether the CIT(A) erred in dismissing the appeal ex-parte without providing adequate opportunity to the assessee, and whether the assessment order passed under Section 147/144B was valid without proper notice.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL,
Before: BEFORE SHRI GEORGE MATHANMANISH AGARWAL
This is an This is an appeal filed by the assessee against the order of the ld appeal filed by the assessee against the order of the ld CIT(A), NFAC, Delhi dated CIT(A), NFAC, Delhi dated 21.10.2024 in Appeal No.NFAC 21.10.2024 in Appeal No.NFAC/2015- 16/10301016 for the ass for the assessment year 2016-17.
Shri Somnath Sahoo Somnath Sahoo, ld AR appeared for the assessee and Shri the assessee and Shri S.C.Mohanty, Sr. , Sr. DR appeared for the revenue.
The assessee has The assessee has raised the following grounds of appeal: the following grounds of appeal: P a g e 1 | 4
“1. That the order of the ld CIT(A), NFAC dated 21.10.2024 dismissing the appeal of the assessee is illegal, arbitrary, uncalled for and against the facts on record. 2) That the order of the CIT(Appeals) dated 21/10/2024 without providing adequate opportunity to the assessee is illegal, arbitrary, unjustified and against the principle of natural justice. 3) That the order passed by the learned Assessing Officer dated 12/05/2023 u/s.147/144 and dismissed by the learned CIT(Appeals) dated 21/10/2024 are bad in law, illegal, void-ab-initio and against the facts on record due to non-service of notice u/s. 148 to the assessee. 4) That the addition of Rs. 35,00,000/- under the head short term capital gain made by the learned AO and confirmed by the CIT(Appeals), NFAC is erroneous, illegal, arbitrary, bad in law and against the facts and circumstances of the case liable to be annulled.”
It was submitted by ld AR that the ld CIT(A), NFAC has dismissed the appeal of the assessee exparte without affording reasonable opportunity of hearing to the assessee. It was his submission that even the assessment order has been passed u/s.147 read with section 144B of the Act without giving reasonable opportunity to the assessee. Ld AR requested that if one opportunity is granted to the assessee, the assessee would be in a position to cooperate in the set aside proceedings.
Ld Sr DR opposed the prayer of the ld AR of the assessee. It was his submission that the assessee is not bothered to cooperate either in the assessment proceedings nor before the ld CIT(A).
P a g e 2 | 4
We have considered the rival submissions. A perusal of the order of the ld CIT(A) clearly shows that seven notice of hearings were issued to the assessee but the assessee failed to respond the notices. Therefore, ld CIT(A) was compelled to pass the impugned order. It is also observed that as the assessee has not furnished any details and documents to substantiate his claim with supporting documents and evidences. It is also observed that as the assessee has not cooperated in the assessment proceedings, the Assessing officer had no option but to pass the assessment order on the basis of materials before him. However, now before us, ld AR request one more opportunity to substantiate his claim before the ld CIT(A). Hence, in the interest of justice, the issues in this appeal are restored to the file of the CIT(A) for re-adjudication after providing adequate opportunity of hearing to the assessee subject to cost of Rs.2,000/- (Rupees two thousand only) to be deposited within 60 days from the date of this order under the head “others” in ITNS challan 280 in the Account No.500 and same is to be filed before the CIT(A). In the event the cost is not paid, the order passed by the ld CIT(A) and that of the AO would stand confirmed. In view of above, in order to render substantiate justices, the issues in this appeal are restored to the file of the CIT(A) for fresh adjudication as per law and after affording reasonable opportunity to the assessee.
P a g e 3 | 4 6.. In the result, appeal of the assessee stands partly allowed for statistical purposes.
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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