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BHINMAL CONTRACTORS PROPERTY & LAND DEVELOPERS PVT LTD,MUMBAI vs. DCIT 5.1.1, AAYKAR BHAVAN

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ITA 5573/MUM/2025[2018-19]Status: DisposedITAT Mumbai13 November 20253 pages

IN THE INCOME TAX APPELLATE TRIBUNAL, ‘B’ BENCH
MUMBAI

BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER
&

SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER
Bhinmal
Contractors
Property
&
Land
Developers Pvt. Ltd.
47/49, Office No.9
1st Floor, 1st Pathan
Street
Mumbai- 400 004
Vs. DCIT 5.1.1. Mumbai
PAN/GIR No.AABCB4536C
(Appellant)
..
(Respondent)

Assessee by Ms. Riddhisha Jain, Virtually appeared
Revenue by Shri Leyaqat Ali Aafaqui, Sr.
AR
Date of Hearing
12/11/2025
Date of Pronouncement
13/11/2025

आदेश / O R D E R

PER AMIT SHUKLA (J.M):

This appeal has been filed by the assessee against the order dated 30 July 2025 passed by the National Faceless
Appeal Centre, Delhi, arising from the assessment framed under section 143(3) for Assessment Year 2018-19. 2. The grievance of the assessee is that the learned CIT(A) has passed the impugned order ex parte. During the course of hearing, the learned Counsel submitted that she was the Bhinmal Contractors Property and Land Developers Pvt. Ltd.,

2
authorised representative for the assessee before the learned
CIT(A). However, she could not attend the hearings since she was on maternity leave and, as a result, the matter was decided in her absence. It was therefore submitted that the appeal may be restored to the file of the learned CIT(A) for adjudication on merits after granting an effective opportunity.

3.

We have considered the submissions of the parties and have also perused the material on record. The impugned order shows that the learned CIT(A) has disposed of the appeal ex parte without examining the issues on merits. In the interest of natural justice and fair play, we consider it appropriate to restore the matter to the file of the learned CIT(A) with a direction to decide the issues afresh in accordance with law after providing due and reasonable opportunity of being heard to the assessee.

4.

In the result, the appeal of the assessee is allowed for statistical purposes.

Order pronounced on 13th November, 2025. (GIRISH AGRAWAL) (AMIT SHUKLA)
ACCOUNTANT MEMBER
JUDICIAL MEMBER
Mumbai; Dated 13/11/2025
KARUNA, sr.ps
Bhinmal Contractors Property and Land Developers Pvt. Ltd.,

Copy of the Order forwarded to :

BY ORDER,

(Asstt.

BHINMAL CONTRACTORS PROPERTY & LAND DEVELOPERS PVT LTD,MUMBAI vs DCIT 5.1.1, AAYKAR BHAVAN | BharatTax