MANOJ KUMAR JAIN,DELHI vs. ASSESSING OFFICER, VIKAS BHAWAN

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ITA 3989/DEL/2026Status: DisposedITAT Delhi07 August 2026AY 2023-243 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the assessee's right to natural justice was violated as the CIT(A) passed an order without providing an adequate opportunity of being heard. The matter was remitted back to the CIT(A) for re-adjudication.

What were the facts?

The assessee's appeal was filed against an order passed under section 154 of the Act. The assessee was called absent during the hearing. The CIT(A) passed an order without giving the assessee an adequate opportunity to be heard.

What were the issues?

Whether the CIT(A) violated the principles of natural justice by passing an order without affording the assessee an adequate opportunity of being heard.

Which sections of the Income-tax Act were involved?

Section 154,Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES, “F” NEW DELHI

Before: SHRI VIKAS AWASTHY

Pronounced: 04.08.2026

आदेश / ORDER

PER SHRI AMITABH SHUKLA, AM This appeal filed by the assessee is directed against the order of learned ADDL/JCIT (A)-2 VADODARA, dated 20.02.2026, arising out of assessment order passed by AO, CPC, dated 23.08.2024, under section u/s 154 of the Act for the Assessment Year 2023-24. The word ‘Act’ herein this order would mean Income Tax Act, 1961. 2. The assessee was called absent.

ITA 3989/DEL/2026 MANOJ KUMAR JAIN

3.

The ld. DR while relying upon the order of the lower authorities, took us through the factual matrix of the case. We have noted that the rights of natural justice of the assessee have been violated in as much as the impugned order u/s u/s 250 dated 20.02.2026 has been passed without giving adequate opportunity of being heard. We have noted that the ld. CIT(A) has drawn unilateral conclusions without confronting the assessee and by drawing his conclusions qua non- compliance to his statutory notices. The appellant through its grounds of appeal has submitted that it was not given the requested adjournment by the ld. CIT(A). It is settled principle of law that an assessee must be given an opportunity of being heard before drawing any adverse conclusions against it. In the interest of justice, we remit the matter back to the file of Ld. CIT(A) for re-adjudication de novo, in accordance with law and by passing a speaking order. He will ensure that due opportunity of heard is accorded to the assessee before drawing any adverse conclusion. The assessee shall be bounden to comply with all the statutory notices and any non-compliance would be adversely viewed. Accordingly, the appeal of the assessee is allowed for statistical purposes. 4. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 04th August, 2026.

Sd/- Sd/- [VIKAS AWASTHY] [AMITABH SHUKLA] JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 07.08.2026 Shekhar

ITA 3989/DEL/2026 MANOJ KUMAR JAIN

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