GOPAL CHOUDHARY,SAHARSA vs. ITO WARD 3(4) SAHARSA, SAHARSA
What did the Tribunal hold?
The Tribunal held that to ensure natural justice, the assessee should be given one more opportunity to present evidence. The matter was remitted back to the CIT(Appeals) for a fresh decision.
What were the facts?
The assessee filed a return after the due date and declared income. The case was selected for scrutiny due to abnormal cash deposits during demonetization. The assessee failed to provide required documents and explanations to the Assessing Officer and CIT(Appeals).
What were the issues?
Whether the CIT(Appeals) erred in dismissing the appeal ex-parte without considering the merits of the case, and whether the assessee should be granted another opportunity to present evidence.
Which sections of the Income-tax Act were involved?
Section 139(1),Section 139(4),Section 143(2),Section 142(1),Section 143(3)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA-PATNA ‘e-COURT’, DB, KOLKATA
Before: Shri Duvvuru RL Reddy, Vice-(KZ) & Shri Laxmi Prasad Sahu
Per Duvvuru RL Reddy, Vice-President (KZ):- The present appeal is directed at the instance of assessee against the order of Id. Commissioner of Income Tax (Appeals),
1 Gopal Choudhary National Faceless Appeal Centre (NFAC), Delhi dated 27.03.2026 passed for Assessment Year 2017-2018. 2. Brief facts of the case are that the assessee is an individual, who filed his return of income on 13.03.2018 under section 139(4) of the
The order continues below.
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More judgments on Section 139(1)
- Ashok Singh, Jaipur vs ACIT, Circle-2 Jaipur, JaipurITA 1540/JPR/2025[2015-16]Status: Disposed21 Oct 2026AY 2015-16
- Haresh Sharma, Ahmedabad vs ITO, Ward 5(3)(1), AhmedabadITA 2125/AHD/2026[2019-2020]Status: Disposed21 Oct 2026AY 2019-2020
- Nitinbhai Nanalal Badani, Rajkot vs CIT (Appeals), National Faceless Appeal…ITA 658/RJT/2025[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Nitinbhai Nanalal Badani, Rajkot vs CIT(Appeals), National Faceless Appeal…ITA 485/RJT/2025[2022-23]Status: Disposed19 Oct 2026AY 2022-23
- Mata Lachmi Rotary Charitable Society… vs Income Tax Officer, Exemption Ward - 1…ITA 310/RJT/2025[2022-23]Status: Disposed16 Oct 2026AY 2022-23
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