PRAKASH S LADHA,MUMBAI vs. INCOME TAX OFFICE WARD 30(2)(5), MUMBAI
What did the Tribunal hold?
The Tribunal, considering the assessee's plea of non-deliberate non-compliance and the interest of justice, granted one more opportunity to present the case on merits.
What were the facts?
The assessee's case was reopened, and the Assessing Officer made additions for bogus commodity loss and undisclosed professional receipts. The CIT(A) confirmed these additions ex parte due to the assessee's non-compliance with notices.
What were the issues?
Whether the assessee deserves another opportunity to present its case before the CIT(A) despite previous non-compliance.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “H(SMC
Before: SMT BEENA PILLAI & SHRI JAGADISH
Per: SHRI JAGADISH, A.M.:
This appeal by the assessee is directed against the order dated 18.11.2025 passed by the learned Commissioner of Income-tax (Appeals), National Faceless Appeal Centre, Delhi [‘CIT(A)’], under section 250 of the Income-tax Act, 1961 (‘the Act’), arising from the assessment order dated 15.11.2018 passed under section 144 r.w.s 147 of the Act for the Assessment Year 2011-12.
ITA No.907/M/2026 Prakash S Ladha
Brief facts of the case are that the assessee is engaged in the business of trading in shares, commodities and futures & options and it filed its return of income for the year under consideration on 30.08.2011 declaring total income of ₹3,87,240/-. The return was processed under section 143(1) of the Act and no assessment under section 143(3) was made. Subsequently, the case was reopened under section 147 by issuance of notice under section 148 dated 29.03.2018. Thereafter, the Assessing Officer completed the assessment ex parte under section 144 r.w.s. 147 on 15.11.2018 determining the total income at ₹36,57,674/- inter alia, by making an addition of ₹30,07,750/- on account of alleged bogus commodity loss and ₹2,62,684/- on account of undisclosed professional receipts as reflected in Form 26AS. 3. Aggrieved, the assessee preferred an appeal before the Ld. CIT(A). The Ld. CIT(A) observed that several notices were issued during the course of appellate proceedings, however, there was no effective compliance from the assessee. The Ld. CIT(A), therefore, proceeded to dispose of the appeal ex parte and confirmed the additions made by the Assessing Officer. 4. The Ld. Authorised Representative (AR) has submitted that the non-compliance before the CIT(A) was neither intentional nor deliberate. It was contended that the initial notice was issued during the COVID-19 period and, thereafter, due to the discontinuation of services by the earlier counsel and loss of key personnel handling tax matters, the assessee could not effectively respond to the notices issued by the CIT(A). It was therefore pleaded that one more opportunity may be granted to the assessee to present its case on merits. 5. The Ld. Departmental Representative (DR), on the other hand, supported the orders of the authorities below and submitted that the
ITA No.907/M/2026 Prakash S Ladha
assessee failed to respond despite several opportunities and therefore no further indulgence is warranted. 6. We have heard the rival submissions and perused the material available on record. It is an admitted fact that the Ld. CIT(A) issued several notices during the course of appellate proceedings which remained uncomplied with. At the same time, it is noted that the appeal has been disposed of ex parte without examining the issue on merits. Considering the facts and circumstances of the case, and in the interest of justice, we are of the view that the assessee deserves one more opportunity to present its case. Accordingly, the impugned order of the Ld. CIT(A) is set aside and the matter is restored to the file of the Ld. CIT(A) for fresh adjudication after providing adequate opportunity of being heard to the assessee. 7. The assessee is directed to promptly comply with the notices that may be issued by the Ld. CIT(A) and extend full cooperation in the appellate proceedings. In case of any further non-compliance, the Ld. CIT(A) shall be at liberty to decide the appeal in accordance with law on the basis of material available on record.
In the result, the appeal filed by the assessee is allowed for statistical purposes.
Order pronounced in the open court on 20/08/2026.
Sd/- Sd/- (BEENA PILLAI) (JAGADISH) Judicial Member Accountant Member
Mumbai, Dated: 20/08/2026 Ashwani Rao Sr. Private Secretary 3
ITA No.907/M/2026 Prakash S Ladha
Copy of the order forwarded to: 1. Appellant 2. Respondent 3. The CIT 4. The CIT (Appeals) 5. The DR, I.T.A.T. By order
(Assistant Registrar) ITAT, Mumbai
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