NAND MOHAN AHUJA,NEW DELHI vs. ACIT, CIRCLE INT TAX 1 (1) (1), CIVIC CENTRE, NEW DELHI
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?
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
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.
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.
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.
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
More judgments on Section 144C(3)
- Radhakishan Potharajula, Karim Nagar vs ITO (Int Taxn)-2, HyderabadITA 2340/HYD/2025[2016-17]Status: Disposed16 Oct 2026AY 2016-17
- Neha Hiranand Motwani, Nashik vs ITO International Tax, NashikITA 1570/PUN/2026[2020-21]Status: Disposed5 Oct 2026AY 2020-21
- ACIT-Circle 6(1)(1) Mumbai, Mumbai vs Aditya Birla Real Estate Limited, MumbaiITA 7767/MUM/2026[2013-14]Status: Disposed30 Sept 2026AY 2013-14
- ACIT-Circle6(1)(1) Mumbai., Mumbai vs Aditya Birla Real Estate Limited, MumbaiITA 7766/MUM/2026[2016-17]Status: Disposed30 Sept 2026AY 2016-17
- Atc Tires Private Limited, Mumbai vs The Principal Commissioner of Income-Tax…ITA 6468/MUM/2026[2020-21]Status: Disposed23 Sept 2026AY 2020-21
Recent GST High Court judgments
Search GST case law →- M/S Umer Enterprises vs. State Of Uttar Pradesh And AnotherAllahabad · 15 Oct 2026
- Firoz @ Firoz Khan vs. State Of U.P.Allahabad · 15 Oct 2026
- M/S Laxmi Traders vs. State Of Uttar Pradesh And AnotherAllahabad · 15 Oct 2026
- Laxmi Traders vs. State Of Uttar Pradesh And AnotherAllahabad · 15 Oct 2026
- M/S Jai General Store vs. State Of Uttar Pradesh And AnotherAllahabad · 15 Oct 2026