NAVEEN MEHTA,CHANDIGARH vs. DCIT CENTRAL CIRCLE - 30, DELHI
What did the Tribunal hold?
The Tribunal set aside the ex-parte orders of the CIT(A) and remanded the matters back for fresh adjudication. The CIT(A) was directed to grant the assessees an opportunity of being heard and to pass a reasoned order.
What were the facts?
The assessees' appeals were directed against ex-parte orders passed by the CIT(A) for AY 2021-22. The assessees claimed that notices were not sent to their correct email IDs, leading to their inability to represent their case.
What were the issues?
Whether the CIT(A) erred in passing ex-parte orders without ensuring proper service of notices to the assessees, and whether the assessees should be granted an opportunity to present their case.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “B”: NEW DELHI
INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “B”: NEW DELHI
BEFORE MS MADHUMITA ROY, JUDICIAL MEMBER AND SHRI KRINWANT SAHAY, ACCOUNTANT MEMBER
ITA No. 1955/Del/2026 (A.Y 2021-22) Naveen Mehta Vs. DCIT 205, Sector 36B, Central Circle-30, ARA Chandigarh, S.O. Sector 36, Centre, Jhandewalan, Chandigarh Delhi (Appellant) (Respondent) PAN: ACEPM4629B
ITA No. 1956/Del/2026 (A.Y 2021-22) Vikas Mehta Vs. DCIT 2899/D-58, Aggarwal Central Circle-30, ARA Colony, Bathinda. H. O. Centre, Jhandewalan, Punjab Delhi (Appellant) (Respondent) PAN: ABJPM8316M Assessee by : Sh. Pranav Yadav, Adv Revenue by: Sh. Rajesh Mahajan, CIT DR Date of Hearing 25/06/2026 Date of pronouncement 14/09/2026
O R D E R PER MADHUMITA ROY, J. M.: Both the Appeals filed by the different assessees are directed
against the orders both dated 19.12.2025 passed by the Learned
Commissioner of Income Tax (Appeals), New Delhi passed under
Section 250 of the Income Tax Act, 1961 (hereinafter referred to as ‘the
Act’) arising out of the assessment orders dated 26.03.2022 and
24.03.2022 respectively under Section 143(3) of the Income Tax Act,
1961 for Assessment Year 2021-22.
2 ITA No. 1955 & 1956/DEL/2026 Naveen Mehta &vikas Mehta
Both the appeals filed by the different assessee’s since relate to
the same issue, these are heard analogously and are being disposed of
by a common order.
The impugned order passed by the Ld. CIT(A) is ex-parte orders
as none appeared on behalf of the assessee, inspite of notices having
been served. It is the case of the assessee that the notices at the
subsequent stages by the Ld. CIT(A) was not sent to the actual mail-id
belongs to the assessee; in-fact it was candidly submitted by the Ld.
AR that the assessee’s mail id was subsequently changed. The notice
having not been sent to the said e-mail id, the matter could not be
represented. However, he has undertaken to provide the correct mail
id to the Ld. CIT(A). In that view of the matter, he prays for a further
opportunity to the assessee to represent its case effectively to the Ld.
CIT(A). Such prayer has not been objected by the Ld. DR with all his
fairness.
Having heard the Ld. Counsels appearing for the parties and
having regard to the facts and circumstances of the matter, we dispose
of these appeals by setting aside the same to the file of the Ld. CIT(A)
for fresh adjudication on the merit of the matters. He is further
directed to grant an opportunity of being heard to the assessee while
considering the case made out by the assessee and to finalize the
issue by passing a reasoned order upon considering the evidence on
3 ITA No. 1955 & 1956/DEL/2026 Naveen Mehta &vikas Mehta
record or any other evidence which the assessee may choose to file at
the time of hearing of the matters.
In the result, both the Appeals filed by the assessees are allowed
for statistical purposes.
Order pronounced in the open court on 14/09/2026.
Sd/- Sd/- (KRINWANT SAHAY) (MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 14/09/2026 R. Naheed, Sr PS Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi
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