NAND MOHAN AHUJA,NEW DELHI vs. ACIT, CIRCLE INT TAX 1 (1) (1), CIVIC CENTRE, NEW DELHI

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ITA 1632/DEL/2024Status: DisposedITAT Delhi11 August 2026AY 2019-203 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the order of the CIT(A) and remanded the issue back for proper adjudication. The assessee is granted a further opportunity to present its case before the CIT(A) with a reasonable opportunity of being heard.

What were the facts?

The Assessing Officer (AO) made an addition to the assessee's income without proper deliberation, and the CIT(A) disposed of the appeal ex-parte despite adjournment applications. The assessee appealed this order.

What were the issues?

Whether the CIT(A) erred in disposing of the appeal ex-parte without proper deliberation and opportunity to the assessee. Whether the assessee should be granted a further opportunity to present its case.

Which sections of the Income-tax Act were involved?

Section 250,Section 143(3),Section 144C(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “D: NEW DELHI

Before: MS MADHUMITA ROY & SHRI MANISH AGARWAL

For Respondent: Ms. Shalini Verma, CIT (DR)
Hearing: 10/08/2026Pronounced: 11/08/2026

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “D: NEW DELHI BEFORE MS MADHUMITA ROY, JUDICIAL MEMBER AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER

ITA No. 1632/Del/2024 (A.Y 2019-20 Nand Mohan Ahuja Vs. ACIT 14, School Lane, Circle International Barakhamba Road, New Taxation 1(1)(1), Civic Delhi Centre, New Delhi (Appellant) (Respondent) PAN: ABVPA4427H

PAN: AAECV1415D Assessee by : Sh. Ajay Sharma, Adv Revenue by: Ms. Shalini Verma, CIT (DR)

Date of Hearing 10/08/2026 Date of pronouncement 11/08/2026 O R D E R PER MADHUMITA ROY, J. M.: The instant appeal filed by the assessee is directed against the

order dated 15.02.2024 passed by the Ld. Commissioner of Income-

tax (Appeals), Delhi-42 under Section 250 of the Income Tax Act,

1961 (hereinafter referred to as ‘the Act’) arising out of the

Assessment Order dated 29.11.2021 passed by the Assessment Unit,

Income-tax Department under Section 143(3) r.w. Section 144C(3) of

the Act for Assessment Year 2019-20.

2.

It appears that the issue involved in this matter though duly

placed before the Ld. A.O. no proper deliberation has been made but

an addition in the hands of the Assessee was made. Further that

the Ld. CIT(A) inspite of recording adjournment applications filed by

2 ITA No. 1632/Del/2024 Nand Mohan Ahuja Vs. ACIT

the Assessee disposed of the appeal by affirming the order passed

by the Ld. A.O. ex-parte.

3.

Under these facts and circumstances of the matter, in order to

prevent the of miscarriage of justice we would like to grant a further

opportunity to the Assessee to represent its case before the First

Appellate Authority and, therefore, we dispose of this appeal by

setting aside the issue to the file of the Ld. CIT(A) for proper

adjudication of the same upon granting a reasonable opportunity of

being heard to the Assessee and upon considering the evidence on

record or any other evidence which the Assessee may choose to file

at the time of hearing of the appeal. However, we also make it clear

that the event the Assessee does not cooperate with the First

Appellate Authority, the said authority would be at liberty to proceed

with the matter and decide the issue strictly in accordance with law.

Further liberty is also granted to the Ld. CIT(A) to ask for a remand

report from the Ld. A.O., if so, required.

4.

In the result, appeal of the Assessee is allowed for statistical

purposes.

Order pronounced in the open court on 11/08/2026.

Sd/- Sd/-

(MANISH AGARWAL) (MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER

3 ITA No. 1632/Del/2024 Nand Mohan Ahuja Vs. ACIT

Dated: 11/08/2026 R. Naheed, Sr PS Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi

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