SUNIL,JHAJJAR vs. ITO WARD-4, ROHTAK

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ITA 2358/DEL/2025Status: DisposedITAT Delhi04 June 2025AY 2012-2013Bench: Sh. Satbeer Singh Godara (Judicial Member)1 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The tribunal restored the appeals back to the CIT(A) for a fresh adjudication. The assessee was granted three opportunities to present their case, with the caveat that they must prove their case at their own risk.

What were the facts?

The assessee's twin appeals arose from orders of the CIT(A)/NFAC, which were passed ex-parte. The assessee did not appear before the lower appellate authority, nor before the tribunal.

What were the issues?

Whether the ex-parte order passed by the CIT(A)/NFAC was justified, and whether the assessee should be given another opportunity to present their case.

Which sections of the Income-tax Act were involved?

Section 144,Section 271(1)(c),Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI

Before: Sh. Satbeer Singh Godara

Hearing: 04.06.2025Pronounced: 04.06.2025

Heard together (2 matters)

ITA No. 2357/Del/2025
ITA No. 2358/Del/2025

Read from the judgment's own cause title. This page is filed under one of them.

ORDER These assessee’s twin appeals in & 2358/Del/2025 for Assessment Year 2012-13, arise against the CIT(A)/NFAC, Delhi’s DIN & order Nos. ITBA/NFAC/S/250/2024- 25/1074007194 & 1074008024(1) dated 04.03.2025, in proceedings u/s 144 and 271(1)(c) of the Income Tax Act, 1961 (in short “the Act”), respectively.

2.

Cases called twice. None appears at the assessee’s behest. He is accordingly proceeded ex-parte.

3.

It emerges at the outset during the course of hearing that the learned CIT(A)/NFAC’s detailed discussion has proceeded ex-parte against the assessee thereby affirming the Assessing Officer’s action making the corresponding disallowances/additions herein. Nor do I find any substantive & 2358/Del/2025 Sunil lower appellate adjudication as contemplated u/s 250(6) of the Act requiring the CIT(A)/NFAC to first frame points of determination followed by a detailed discussion thereupon.

4.

Mr. Akhilesh Kumar Yadav vehemently argues during the course of hearing in support of CIT(A)/NFAC’s finding that the assessee had not filed any explanation or evidence supporting it’s case and therefore, his instant appeal deserves to be dismissed.

5.

I have given our thoughtful consideration to the foregoing rival stand and are of the considered view that since the CIT(A)/NFAC has proceeded ex-parte against the assessee, possibility of some communication gaps between the taxpayer and the arguing counsel involving the newly introduced system of faceless hearings, could not be altogether ruled out.

6.

Faced with this situation, in the larger interest of justice, I deem it appropriate to restore the assessee’s instant appeal back to the CIT(A) for it’s afresh appropriate adjudication, within three effective opportunities subject to a rider that the taxpayer shall plead and prove the case at his own risk and responsibility, in consequential proceedings. Ordered accordingly.

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