MAHINDER SHARMA,FARIDABAD vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI
What did the Tribunal hold?
The tribunal noted that the AO passed the assessment order without providing a proper opportunity to the assessee, and the CIT(A) affirmed this action. Considering the interest of justice, the matter was remitted back to the Assessing Officer for a denovo assessment with adequate opportunity to the assessee.
What were the facts?
The assessee filed an appeal against an order by the CIT(A) for AY 2013-14. No one appeared for the assessee, and the tribunal proceeded with the assistance of the DR. The Assessing Officer had passed an assessment order under Section 147 r.w.s. 144 without giving the assessee a proper opportunity to be heard.
What were the issues?
Whether the AO passed the assessment order without affording proper opportunity to the assessee, and whether the CIT(A) rightly affirmed the same.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘A’: NEW DELHI
Order
: 13.05.2025 O R D E R
PER S. RIFAUR RAHMAN, ACCOUNTANT MEMBER :
The assessee has filed appeal against the order of the Learned Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre (NFAC), Delhi [“Ld. CIT(A)”, for short] dated 11.12.2024 for the Assessment Year 2013-14.
None appeared on behalf of the assessee. We proceeded to adjudicate the issue with the assistance of ld. DR of the Revenue. 3. At the outset, we observed that Assessing Officer has passed the assessment order under section 147 r.w.s. 144 of the Income-tax Act, 2 1961 (for short ‘the Act’) without giving proper opportunity to the assessee and Ld. CIT(A) affirmed the action of the AO. Ld. DR relied upon the order of the authorities below. 4. Considered the submissions of the ld. DR of the Revenue and perused the material on record. Upon careful consideration, we are of the considered view that in the interest of justice, the matter requires denovo assessment. Therefore, we remit back the issues to the file of the Assessing Officer with the directions to decide the same afresh, after giving adequate opportunity of being heard to the assessee, for which Ld. DR has no objection. Assessee is directed to fully cooperate with the AO during the proceedings. We hold and direct accordingly. 5. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open court on this 13TH day of May, 2025 after the conclusion of the hearing. sd/- (SATBEER SINGH GODARA) ACCOUNTANT MEMBER Dated:13.05.2025 TS
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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