SADHNA SHARMA,GHAZIABAD, UTTAR PRADESH vs. ASSESSMENT UNIT, INCOME TAX DEPARTMENT, DELHI

PDF · subscribers
ITA 746/DEL/2025Status: DisposedITAT Delhi21 May 2025AY 2016-17Bench: SHRI MAHAVIR SINGH (Vice President), SHRI MANISH AGARWAL (Accountant Member)1 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal restored the issue to the file of the CIT(A) for fresh adjudication on merits, after giving the assessee an opportunity of being heard and directed the assessee to participate in the proceedings.

What were the facts?

The assessee filed an appeal against the order of the CIT(A) which was passed ex-parte for non-prosecution. The assessee had not submitted any submissions to the CIT(A) despite opportunities.

What were the issues?

Whether the appeal should be restored to the CIT(A) for fresh adjudication when it was dismissed ex-parte due to non-prosecution.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘C’: NEW DELHI

For Respondent: Shri Om Prakash, Sr. DR
Hearing: 13/05/2025Pronounced: 21/05/2025

O R D E R

PER MANISH AGARWAL, AM:

1.

This is an appeal filed by the assessee against the order of the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A) in short], dated 12.12.2024 passed u/s 250 of the Income Tax Act, 1961 for Assessment Year 2016-17.

2.

From the perusal of the appellate order, it is seen that the order was passed ex-parte by Ld. CIT(A) for non-prosecution. As the Sadhna Sharma vs. Assessment Unit assessee has not submit any submissions with regard to the grounds of appeal taken, the CIT(A) has confirmed the order of the AO.

3.

Before us, non-appeared on behalf of the assessee and on behalf of the Revenue, the Ld. Sr. DR vehemently supported the order of the lower authorities.

4.

We have considered the facts of the case and arguments of the Ld. Sr. DR. From the perusal of the order of the Ld. CIT(A), it is seen that though the Ld. CIT(A) has provided several opportunities, however, assessee did not submit any written submissions/reply. Under these facts and circumstances and in the interest of justice, the issue in the appeal are restored back to the file of the Ld. CIT(A) for fresh adjudication on merits in accordance with law after giving opportunity of being heard to the assessee. The assessee is also directed to participate in the appellate proceedings. With these directions, the appeal of the assessee is partly allowed for statistical purposes.

6.

In the result, appeal of the assessee stands allowed for statistical purposes. Order pronounced in the open court on 21.05.2025.

Recent GST High Court judgments

Search GST case law →