PRIYANKA SINGHA,HOWRAH vs. I.T.O., WARD-47(2), KOLKATA
What did the Tribunal hold?
The ITAT found that the CIT(A)'s order was ex-parte, with the assessee not participating and not all grounds being decided on merits. Therefore, in the interest of justice, the case was restored to the Assessing Officer for de-novo assessment.
What were the facts?
The assessee's appeal against the CIT(A)'s order, which dismissed her appeal, was filed before the ITAT. The assessee argued that she could not make proper compliance and the CIT(A) did not decide all grounds, leading to an ex-parte order violating natural justice.
What were the issues?
Whether the CIT(A) order was passed in violation of natural justice due to lack of proper compliance and non-adjudication of all grounds. Whether the case should be restored for de-novo assessment.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH,
Before: SHRI YOGESH KUMAR U.S. & SHRI GOPALAN GURUSAMY
IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, KOLKATA BEFORE SHRI YOGESH KUMAR U.S., JUDICIAL MEMBER AND SHRI GOPALAN GURUSAMY, ACCOUNTANT MEMBER ITA No.2199/KOL/2026 Assessment Year: 2020-21
Priyanka Singha Vs. ITO, Ward-47(2), Kolkata Ichapur, Sealdanga, Kalitala, Santragachi, Howrah Kolkata-711104 [PAN: EGWPS3561Q] APPELLANT RESPONDENT Appellant by : Shri Sutapa Roy Chowdhury, Shri Abhijat Das, Shri Aratrika Roy, ARs Respondent by : Shri Sanjib Kumar Paul Date of hearing : 17.08.2026 Date of Pronouncement : 18.08.2026 O R D E R PER YOGESH KUMAR U.S., JUDICIAL MEMBER: This Appeal is filed by the Assessee against the order of the NFAC, Delhi (‘Ld. CIT(A)’ for short) dated 30.04.2026, passed u/s 250 of the Income Tax Act, 1961 (“the Act”, for short) for the Assessment Year 2020-21.
Brief facts of the case are that, an Assessment Order came to be passed u/s 147r.w.s. 144 r.w.s. 144B of the Act on 21.02.2025 by making certain additions. Aggrieved by the Assessment Order dated 21.02.2025, Assessee filed an Appeal before the Ld. CIT(A). The Ld. CIT(A) vide Order dated 30.04.2026, dismissed the Appeal of the
ITA No.2199/Kol/2026 Priyanka Singha; A.Y: 2020-21 Assessee. As against the order of the Ld. CIT(A) dated 30.04.2026, Assessee filed the present Appeal.
The Ld. Counsel for the Assessee submitted that the Assessee could not made proper compliance before the Assessing Officer and the Ld. CIT(A) in the first Appeal has not decided all the grounds of the Appeal of the Assessee and the ex-parte order impugned came to be passed in violation of principals of natural justice. Thus, sought for allowing the Appeal.
The Ld. Department's Representative submitted that the Assessee is a chronic defaulter who has not made proper compliance before the Lower Authorities, therefore, both the Assessing Officer as well as the Ld. CIT(A) have passed the respective orders in accordance with law, which requires no interference, thus by relying on the orders of the Lower Authorities sought for dismissal of the Appeal.
We have heard both the parties and perused the material available on record. The impugned order of the Ld. CIT(A) is ex-parte, wherein the Assessee has not participated in the proceedings and the Ld. CIT(A) has not decided all the grounds of Appeal on its merits. Even before the Assessing Officer, Assessee has not made full compliance. In view of the above, in the interest of justice, we deem it fit to restore the issue to the file of the Assessing Officer for de-novo assessment. Needless to say, the Assessing Officer shall provide Page | 2
ITA No.2199/Kol/2026 Priyanka Singha; A.Y: 2020-21 opportunity of being heard to the Assessee before passing the assessment order in accordance with law. The Assessee is also directed to participate in assessment proceedings without fail.
In the result, Appeal of the Assessee is partly allowed for statistical purposes.
Order pronounced on 18.08.2026.
Sd/- Sd/- (GOPALAN GURUSAMY) (YOGESH KUMAR U.S.) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 18.08.2026 DP, PS Copy of the order forwarded to: 1. Appellant 2. Respondent 3. Pr. CIT 4. CIT(A) 5. CIT(DR) //TRUE COPY// (MANISH BHOI) DEPUTY REGISTRAR KOLKATA BENCHES, KOLKATA
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