AMANDEEP KAUR,UTTARAKHAND vs. AU, NFAC, DELHI
What did the Tribunal hold?
The Tribunal held that the CIT(A) did not decide the issues on merits and sustained the addition ex-parte. Therefore, in the interest of justice, the CIT(A) was directed to provide an opportunity of being heard to the assessee and decide the issue on merit.
What were the facts?
The assessee's appeal was filed against the CIT(A)'s ex-parte order. The CIT(A) had sustained additions by relying solely on the assessment order, without adjudicating the substantive grounds raised by the assessee on merits.
What were the issues?
Whether the CIT(A) properly adjudicated the grounds of appeal on merits or passed an ex-parte order without proper adjudication.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘C’: NEW DELHI
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘C’: NEW DELHI BEFORE SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER and SHRI RAJ KUMAR CHAUHAN, JUDICIAL MEMBER ITA No.2496/DEL/2026 (Assessment Year: 2016-17) Amandeep Kaur, vs. Assessment Unit/NFAC, 506, 5th Floor, Delhi. Pearl Heights, Anurag Chowk, Vasant Vihar, Dehradun - 248 006. (PAN : DQZPK4554D) (APPELLANT) (RESPONDENT) ASSESSEE BY : None REVENUE BY : Shri Sudeep Dabas, Sr. DR Date of Hearing : 09.07.2026 Date of Pronouncement : 09.07.2026 O R D E R PER S.RIFAUR RAHMAN, AM: 1. This appeal is filed by the assessee against the order passed by the ld. Commissioner of Income-tax (Appeals)/National Faceless Appeal Centre (NFAC), Delhi [for short ‘ld. CIT (A)] dated 05.01.2026 for the Assessment Year 2016-17. 2. None appeared on behalf of the assessee. However, assessee filed adjournment application which was rejected by the Bench. We are proceeding to decide the appeal with the assistance of the ld. DR of the Revenue.
2 ITA No.2496/Del/2026 3. At the time of hearing, we observed that the ld. CIT (A) decided the issue against the assessee ex-parte without properly adjudicating the substantive grounds raised by the assessee on merits. He proceeded to adjudicate the issues by simply relying on the assessment order which was also passed under section 147/144B of the Income-tax Act, 1961 (for short ‘the Act’). We observed that ld. CIT (A) has not decided the issues on merits in detail and sustained the addition relying on the order of the Assessing Office. 4. On the other hand, ld. DR for the Revenue relied on the orders of the authorities below. 5. Considered the submissions of the ld. DR of the Revenue and material placed on record. We observed that the addition was sustained by the ld. CIT (A) relying on the order of Assessing Officer ex-parte. Therefore, in the interest of justice, we direct ld. CIT (A) to give an opportunity of being heard to the assessee and decide the issue on merit as per law. We also direct assessee to make proper submissions and appear before the ld.CIT (A) on the date of hearing and cooperate with the tax authorities. Accordingly, the appeals filed by the assessee are allowed for statistical purposes. 6. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open court on this 9th day of July, 2026 after the conclusion of the hearing.
Sd/- sd/- (RAJ KUMAR CHAUHAN) (S. RIFAUR RAHMAN) JUDICIAL MEMBER ACCOUNTANT MEMBER
Dated: 18.08.2026 TS
3 ITA No.2496/Del/2026
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
Recent GST High Court judgments
Search GST case law →- J M Mhatre Infra PVT. LTD Thr. Authorized Chetan J. Mhatre vs. Union Of INDIA Thr. Secretary And OrsBombay · 14 Oct 2026
- Namita Behera vs. Commissioner Of CT And GST, CuttackOrissa · 14 Oct 2026
- Ratul Boro vs. The Union Of INDIA And 4 OrsGauhati · 14 Oct 2026
- Jashwant Sharma vs. The Union Of INDIA And A4 OrsGauhati · 14 Oct 2026
- Tvl. Jeyarani Shopping Centre vs. The Deputy State Tax Officer -1/The Deputy Commercial Tax OfficerMadras · 14 Oct 2026