MAHAVIR GAJRAJ NAGORI,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 2, PUNE, PUNE
What did the Tribunal hold?
The Tribunal held that the CIT(A) must adjudicate the grounds of appeal on merits and cannot dismiss the appeal solely for non-compliance without considering the substance. The order of the CIT(A) was set aside for de-novo adjudication.
What were the facts?
The assessee failed to provide details to the CIT(A) despite multiple opportunities, leading to the dismissal of their appeal. The assessee claimed this non-compliance was inadvertent due to a misunderstanding of procedural requirements.
What were the issues?
Whether the CIT(A) erred in dismissing the appeal without adjudicating the grounds of appeal on merits due to the assessee's non-compliance. Whether the assessee should be granted another 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, PUNE BENCH “B”, PUNE
Before: SHRI PAVAN KUMAR GADALE & SHRI Dr. DIPAK P. RIPOTE
PER Dr. DIPAK P. RIPOTE, A.M : This is an appeal filed by the assessee against the order of the Learned Commissioner of Income Tax (Appeals), NFAC, Delhi [Ld.CIT(A)], passed u/s. 250 of the Income Tax Act, 1961 (‘the Act’) for AY 2017-18 on 31.10.2025.
Findings and Analysis :
We have heard both the parties and perused the records. In this case, the Ld. CIT(A) had provided five opportunities to the assessee but the assessee failed to file any details. Therefore, the Ld. CIT(A) upheld the assessment order. The Ld. AR pleaded that the assessee may be provided one more opportunity to file all the relevant details before the Ld. CIT(A). The Ld. AR filed paper book. The Ld. AR also filed affidavit of
ITA No. 3310/PUN/2025
the assessee dated 11.08.2026. The relevant paragraphs of the affidavit are reproduced here as under : “12. Thereafter, the Hon'ble CIT(A), vide order dated 31st October, 2025 passed under section 250 of the Act, dismissed my appeal against the assessment order passed under section 144 r.w.s 263 of the Act, inter alia, on account of my non-appearance and non-filing of submissions. 13. The aforesaid non-compliance was purely inadvertent and occurred solely on account of the aforesaid bona fide belief. At no point of time did I intend to disregard or abandon the appellate proceedings. My conduct was neither deliberate nor intentional and was not actuated by any mala fide motive. 14. I am not well versed with the legal and procedural intricacies under the Income-tax Act, 1961 and was genuinely unaware that the appeal arising from the assessment order passed under section 144 r.w.s 263 constituted an independent proceeding requiring separate compliance notwithstanding the favourable outcome in the original assessment proceedings. 15. It was only after obtaining proper legal advice from a consultant that I came to understand that the hearing notices issued by the Hon'ble CIT (A), required independent compliance and that non- compliance could result in dismissal of the appeal ex parte. Immediately upon becoming aware of the correct legal position, I took steps to pursue the available legal remedy.”
Since, the assessee had not filed any details before the Ld. CIT(A), the Ld. CIT(A) dismissed the appeal of the assessee without adjudicating the grounds of appeal. It is mandatory for the Ld. CIT(A) to adjudicate the grounds of appeal on merits. In these facts and circumstances of the case, we set aside the order of the Ld. CIT(A) to Ld. CIT(A) for de-novo adjudication. The Ld. CIT(A) shall provide opportunity of hearing to the assessee. The assessee shall file all the necessary documents before the Ld. CIT(A).
ITA No. 3310/PUN/2025
In the result, the appeal of the assessee is allowed for statistical purpose.
Order pronounced in the open Court on 20th August, 2026
Sd/- Sd/- (PAVAN KUMAR GADALE) (Dr. DIPAK P. RIPOTE) JUDICIAL MEMBER ACCOUNTANT MEMBER
पुणे/Pune; दिन ांक/Dated : 20-08-2026 Ravi Kumar Digitally signed by Ravi Kumar Ravi Kumar Date: 2026.08.21 17:47:00 +05'30' आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to: 1. अपील र्थी / The Appellant 2. प्रत्यर्थी / The Respondent 3. The concerned Pr. CIT, Pune 4. DR, ITAT, ‘B’ Bench, Pune 5. ग र्ड फ ईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Assistant Registrar आयकर अपीलीय अदिकरण,पुणे / ITAT, Pune
More judgments on Section 263
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Vimal Harilal Baldania, Gandhidham vs The ITO Ward 2, GandhidhamITA 770/RJT/2025[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
Recent GST High Court judgments
Search GST case law →- Dikshant Nim vs. Union Of INDIAMadhya Pradesh · 26 Oct 2026
- Pankaj Patil vs. Branch Manager Hdfc BankMadhya Pradesh · 26 Oct 2026
- Rudra Pratap Singh vs. The Union Of INDIAMadhya Pradesh · 26 Oct 2026
- Laxman Singh Yadav vs. Bank Of BarodaMadhya Pradesh · 26 Oct 2026
- Surendra Singh Rathore vs. Idfc First Bank Through Branch ManagerMadhya Pradesh · 26 Oct 2026