NEERAJ KUMAR,SANGAM VIHAR vs. AO, WARD 29(1), RANGE 52, CIVIC CENTRE
What did the Tribunal hold?
The Tribunal noted that the orders were passed ex parte and that the assessee was denied an opportunity to be heard. Therefore, the matter was remanded back to the CIT(A) for fresh adjudication.
What were the facts?
The assessee's appeals were against penalty orders passed ex parte by the NFAC for AY 2018-19. The assessee's tax consultant failed to respond to notices from the CIT(A).
What were the issues?
Whether penalty orders passed ex parte without providing adequate opportunity to the assessee are valid. Whether the assessee deserves a fresh opportunity to present their case on merits.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “E” NEW DELHI
Before: SHRI VIMAL KUMAR & SHRI SANJAY AWASTHI
PER SANJAY AWASTHI, ACCOUNTANT MEMBER: 1. This is a batch of two appeals pertaining to the same assessee for AY 2018-19. ITA 5791 pertains to a penalty u/s 271A of the Income Tax Act, 1961 (hereafter as “the Act”) and ITA 5792 pertains to a penalty u/s 271B of the Act.
ITA Nos.5791 & 5792/DEL/2026 NEERAJ KUMAR 1.1 ITA 5791 arises from order dated 26.03.2026, passed u/s 250 of the Act by NFAC. ITA 5792 arises from order dated 26.03.2026, passed u/s 250 of the Act by NFAC.
1.2 Both the penalty orders have been passed in an ex parte manner since the assessee did not respond to the notices issued by the Ld. CIT(A), from time to time.
1.3 The aggrieved assessee has approached the ITAT challenging the penalties levied on merits as also raising the ground of denial of opportunity.
On the last date of hearing, the Ld.AR stated that both the impugned orders were passed in an ex parte manner since the tax consultant of the assessee was not alert enough to respond to the notices issued by the Ld. CIT(A). It was a prayer that the assessee deserves relief on merits and for that purpose a proper opportunity of being heard was needed to be provided.
2.1 The Ld. DR relied on the orders of the authorities below and stated that there would be no objection in case the matter was to be remanded back for fresh consideration.
We have perused the documents before us and have heard both the sides. It is seen that both the impugned orders are ex parte in nature and considering the totality of facts and circumstances of the case, we deem
ITA Nos.5791 & 5792/DEL/2026 NEERAJ KUMAR it fit to set aside the impugned orders and remit both of them back to the file of Ld. CIT(A) for fresh adjudication. The assessee would be expected to be vigilant about the opportunities provided by the Ld. CIT(A) and the Ld. CIT(A) would consider the submissions of the assessee and pass a speaking order.
In the result, both the appeals are partly allowed for statistical purposes.
Order pronounced in the open court on 17.09.2026
Sd/- Sd/- (VIMAL KUMAR) (SANJAY AWASTHI) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 18.09.2026 *Kavita Arora, Sr. P.S. Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI
More judgments on Section 271A
- Kamaljeet Singh, Rupnagar, Punjab vs ACIT Circle 1(1) Chandigarh, ChandigarhITA 426/CHANDI/2026[2017-18]Status: Disposed6 Oct 2026AY 2017-18
- Thakorbhai Jagdishbhai Patel, Panchmahals… vs Income Tax Officer, Godhra, PanchmahalsITA 1248/AHD/2026[2020-21]Status: Disposed30 Sept 2026AY 2020-21
- Swajan Foundation, Lucknow vs Income Tax Officer (Exemption), LucknowITA 790/LKW/2026[2019-20]Status: Disposed25 Sept 2026AY 2019-20
- Swajan Foundation, Lucknow vs Income Tax Officer (Exemption), LucknowITA 790/LKW/2026[2019-20]Status: Disposed25 Sept 2026AY 2019-20
- Ram Lal Narwani, Jaipur vs ITO Ward. 6(1), JaipurITA 32/JPR/2026[2011-12]Status: Disposed22 Sept 2026AY 2011-12
Recent GST High Court judgments
Search GST case law →- M/S Manorama Nayak, Khorda vs. Assistant Commissioner Of State Tax, CT And GST, Bhubaneswar Iv Circle, KhurdaOrissa · 14 Oct 2026
- Chandan Kumar Bathual vs. Superintendent, CGST And Central Excise, Cuttack-Iii Range, CuttackOrissa · 14 Oct 2026
- Manoranjan Sadangi vs. Superintendent, CGST And Central Excise, Gopalpur Range, GanjamOrissa · 14 Oct 2026
- Bijaya Kumar Parekh vs. State Tax Officer, CT And GST Balangir Circle, BalangirOrissa · 14 Oct 2026
- Puspanjali Bhuyan vs. The Commissioner Of CT And GST, OdishaOrissa · 14 Oct 2026