KIRAN SECURITIES PRIVATE LIMITED,NEW DELHI vs. INCOME TAX OFFFICER WARD 14(3), DELHI, NEW DELHI
What did the Tribunal hold?
The Tribunal held that in the interest of justice, the assessee should be given another opportunity to present its case. The issues were remitted back to the CIT(A) for fresh adjudication.
What were the facts?
The assessee's appeal before the CIT(A) was dismissed due to non-appearance and non-filing of written submissions. The assessee claimed this was unintentional and bona fide.
What were the issues?
Whether the CIT(A) erred in dismissing the appeal for non-prosecution without deciding on merits, and if a fresh opportunity should be granted.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “C’’: NEW DELHI
ITA NO. 2280/DEL/2026 (AY 2019-20) KIRAN SECURITIES PRIVATE LIMITED VS, ITO IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH “C’’: NEW DELHI) BEFORE SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER AND SHRI SUDHIR PAREEK, JUDICIAL MEMBER ITA No. 2280/Del/2026 Asstt. Year : 2019-20 KIRAN SECURITIES PVT. LTD., VS. ITO, WARD 14(3), 1003, PRAGATI TOWER, C.R. BUILDING, RAJENDRA PLACE, NEW DELHI – 2 NEW DELHI – 110 008 (PAN: AAACK5276B) (Appellant) (Respondent) Appellant by : Sh. Subhan Shankar Gogoi, Adv. Respondent by : Sh. Raghubir Singh, Sr. DR. Date of Hearing 11.08.2026 Date of Pronouncement 20.08.2026 ORDER PER SUDHIR PAREEK, JM
The instant appeal is emanating from the order of the National Faceless Appeal Centre, Delhi in Appeal No. NFAC/2018-19/10368311 dated 18.12.2025 relevant to assessment year 2019-20. 2. Heard rival submissions and perused the records. 3. At the threshold, reiterating the grounds of appeal, the Learned AR submitted that the Learned CIT(A) erroneously passed the impugned order without considering that the non appearance and non filing of written submissions was consequence of reasonable, bona fide and unintentional. From the bare perusal it
reveals that Learned CIT(A) has dismissed the appeal on account of non- prosecution and even without deciding the matter on merits of the case by stating that the Learned AO passed well reasoned order and comprehensive document and thoroughly discussing the issues involved. It is true that the appellant did not participated in the appellate proceeding, which is said to be bona fide and unintentional by appellant as aforesaid, but in the existing fact situation and having regard to substantive disposal of the issue, we are of firm opinion that one more opportunity to appellant will capable to serve the object of justice. In view of the aforesaid factual matrix and in the interest of justice, we remit back the issues in dispute to the file of the Learned CIT(A) with the directions to decide the same afresh, after giving adequate opportunity of being heard to the appellant. We hold and direct accordingly and simultaneously, appellant is also directed to fully cooperate with the Learned CIT(A) during the proceedings and furnish the requisite evidences/documents before it to substantiate its case. 4. Consequently, this appeal is allowed for statistical purposes as aforesaid. Order pronounced in the Open Court on 20.08.2026. Sd/- Sd/- (RAMIT KOCHAR) (SUDHIR PAREEK) ACCOUNTANT MEMBER JUDICIAL MEMBER
Date: 20-08-2026 SR BHATNAGAR Copy forwarded to: - 1. Appellant
2 | P a g e
Respondent 3. DIT 4. CIT (A) 5. DR, ITAT TRUE COPY By Order,
Assistant Registrar, ITAT, Delhi Bench
3 | P a g e
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