Facts
The assessee's appeal against an assessment order was dismissed by the CIT(A) for non-appearance. The assessment order had increased the total income significantly based on additions for alleged cash loans and cash given to a private limited company, along with charging interest under specific sections. The assessee contended that these additions were baseless and unwarranted.
Held
The Tribunal noted that the CIT(A) had dismissed the appeal without adjudicating on merits due to the assessee's non-appearance. However, the assessee had sought an adjournment. Consequently, the Tribunal set aside the CIT(A)'s order and remanded the matter for fresh adjudication, granting the assessee another opportunity to present their case on merits.
Key Issues
Whether the CIT(A) erred in dismissing the appeal without considering the merits of the additions made by the Assessing Officer, and whether the assessee should be granted another opportunity to present their case.
Sections Cited
250, 147, 144B, 143(1)(a), 234A, 234D
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH, MUMBAI
[ Per Rahul Chaudhary, Judicial Member:
The present appeal preferred by the Assessee is directed against the Order, dated 06/11/2025, passed by the National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as ‘the CIT(A)’] under Section 250 of the Income Tax Act, 1961 [hereinafter referred to as ‘the Act’] whereby the Learned CIT(A) had dismissed the appeal against the Assessment Order, dated 19/03/2024, passed under Section 147 read with Section 144B of the Act for the Assessment Year 2018-2019. 2. The Assessee has raised following grounds of appeal :
“1. The Officer at the Assessment Unit, Income-tax Department (hereafter referred to as the Assessing Officer) erred in determining the total income at Rs 1,05,67,410 as against Rs Assessment Year 2018-2019
7,67,410 per return of income, and consequently raising a demand for Rs 87,87,727, including interest of Rs 11,24,730 and Rs 22.157 charged under sections 234A and 234D of the Act, respectively. The appellant contends that the Assessing Officer ought to have accepted the income of Rs 7,67,410 per return of income for the reasons more specifically mentioned in grounds of appeal nos 2 and 3. 2. The Assessing Officer erred in making an addition of Rs 75,00,000, being loan allegedly given in cash to Mr. Kailash Karamchandani during the year under reference. The appellant contends that on the facts and in the circumstances of the case and in law, the Assessing Officer ought not to have made the impugned addition inasmuch as he has not correctly appreciated the facts of the case in its entirety and hence, the impugned addition is baseless, unwarranted and as such, is required to be deleted.
The Assessing Officer erred in making an addition of Rs. 23,00,000, being cash allegedly given to KGR Enterprises Pvt. Lid during the year under reference for acquisition of residential flat. The appellant contends that on the facts and in the circumstances of the case and in law, the Assessing Officer ought not to have made the impugned addition inasmuch as he has not correctly appreciated the facts of the case in its entirety and hence, the impugned addition is baseless, unwarranted and as such, is required to be deleted
The Assessing Officer erred in charging interest of Rs 11.24,730 and Rs 22,157 under sections 234A and 234D of the Act, respectively. The appellant contends that the Assessing Officer ought not to have charged the impugned interest under sections 2344 and 234D inasmuch as - (a) the Assessing Officer has not given an opportunity to the appellant before charging the said interest as required by the principles of nature justice,
(b) the charging of interest is not in accordance with law."
2 Assessment Year 2018-2019
The appellant contends that on the facts and in the circumstances of the case and in law, the CIT(A) ought to have disposed of the aforesaid grounds of appeal on merits.”
When the appeal was taken up for hearing none was appeared on behalf of the Assessee. We have heard Learned Departmental Representative and have perused the material on record.
The relevant facts in brief are that for the Assessment Year 2018-2019, the Assessee, a resident individual, filed return of income declaring total income of INR.7,67,410/-. Vide Assessment Order dated, 19/03/2024, passed under Section 147 read with Section 144 and 144B of the Act the Assessing Officer completed the assessment at assessed income of INR.1,05,67,410/- computed as under:
SNo Description Amount (INR.)
Income as per Return of Income filed in response to NIL notice u/s.148
Income as computed u/s 143(1)(a) 7,67,410/-
Variation in respect of issue of un-explained money 75,00,000/- (paragraph 4.4.1 of Assessment Order)
Variation in respect of issue of unexplained money 23,00,000/- (paragraph 4.4.2 of Assessment Order) Total income 1,05,67,410/-
Being aggrieved, the Assessee preferred appeal before Learned CIT(A). During the appellate proceedings four notices of hearing were issued to the Assessee between 08/07/2025 to 29/09/2025 through Income Tax Business Application Portal. In response to notice dated 29/09/2025, the Assessee sought letter seeking adjournment. Since, no response was received from the Assessee for three notices and adjournment request was made for the notice dated 29/09/2025 the Learned CIT(A) dismissed the appeal vide Order, dated 06/11/2025. 3 Assessment Year 2018-2019
Being aggrieved, the Assessee has preferred the present appeal before the Tribunal on the grounds reproduced in Paragraph 2 above.
We have given thoughtful consideration to the submissions advanced by Learned Departmental Representative and have perused the material on record. The Learned CIT(A) has dismissed the appeal without returning any findings on merits since no representation was made on behalf of the Assessee the addition made by the Assessing Officer were confirmed. We note that in response to notice of hearing dated 29/09/2025 the Assessee has sought adjournment. Since all the notices of hearing were issued over a period of three months we deem it appropriate to grant the Assessee another opportunity to make out a case on merits before the Learned CIT(A). At the same time we note that the Assessee had not appeared before the Assessing Officer during the assessment proceedings. On perusal of appeal in Memorandum filed before the Learned CIT(A) in Form 35 we find that the Assessee has not filed any additional evidence. Keeping in view the conduct of the Assessee, we direct the Assessee to co-operate in the appellate proceedings and forthwith file details, documents & submission in support of its claims/contentions before the Learned CIT(A). The Learned CIT(A) would be at liberty to admit/consider the same as per law. It is, however, clarified that in case the Assessee fails to enter appearance and/or fails to file details/documents/submission in response to notice of hearing issued by the Learned CIT(A), the Learned CIT(A) shall be at liberty to decide the issues on merits on the basis of material on record. The Assessee is directed to be vigilant and track the appellate proceedings through Income Tax Business Application Portal. The Assessee is also directed to take necessary steps to change the email address provided in Form 35 for communication of order/notices. In terms of the aforesaid, the Order, dated
4 Assessment Year 2018-2019
06/11/2025, passed by the Learned CIT(A) is set aside with the directions to adjudicate the appeal afresh after granting the Assessee a reasonable opportunity of being heard. Thus, without returning any findings on merits, the grounds raised by the Assessee are treated as allowed for statistical purposes. Thus, the appeal preferred by the Assessee is treated as allowed for statistical purposes.
Order pronounced on 17.04.2026. (Vikram Singh Yadav) Judicial Member
म ुंबई Mumbai; दिन ुंक Dated :17.04.2026 Milan,LDC
5 Assessment Year 2018-2019
आदेश की प्रतितिति अग्रेतिि/Copy of the Order forwarded to : 1. अपील र्थी / The Appellant 2. प्रत्यर्थी / The Respondent. 3. आयकर आय क्त/ The CIT 4. प्रध न आयकर आय क्त / Pr.CIT 5. दिभ गीय प्रदिदनदध ,आयकर अपीलीय अदधकरण ,म ुंबई / DR, ITAT, Mumbai 6. ग र्ड फ ईल / Guard file.
आिेश न स र/ BY ORDER, सत्य दपि प्रदि //// उप/सह यक पुंजीक र /(Dy./Asstt.