HARESH BHANJIBHAI TANK,RAJKOT vs. GUJ(202)(1),DCIT/ACIT-2(1), RKT, RAJKOT
What did the Tribunal hold?
The Tribunal found that the assessee was not given a sufficient opportunity to be heard, violating principles of natural justice. Therefore, the matter was restored to the Assessing Officer for fresh adjudication.
What were the facts?
The assessee's appeal was against an ex-parte order from the CIT(A) for AY 2020-21. The assessee contended they did not get a sufficient opportunity to present their case before the CIT(A) and sought remittance back to the Assessing Officer.
What were the issues?
Whether the ex-parte order passed by the CIT(A) violated the principles of natural justice due to lack of sufficient opportunity for the assessee to present their case.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, Rajkot Bench, Rajkot
Before: Dr. Arjun Lal Saini & Shri Sonjoy Sarma
आयकर अपीलीय अिधकरण, राजकोट �यायपीठ, राजकोट। In The Income Tax Appellate Tribunal, Rajkot Bench, Rajkot Before Dr. Arjun Lal Saini, Accountant Member And Shri Sonjoy Sarma, Judicial Member आयकरअपीलसं./ITA No. 719/Rjt/2026 [ �नधा�रणवष�/Assessment Year: 2020-21 ] Haresh Bhanjibhai Tank, DCIT/ACIT-2(1), RKT 145, Parijat Residency, Sadhu Vs. IT-Office, New Aayakar Vasvani Road, Rajkot, Bhawan, Vatiaka, Rajkot, Gujarat-360005 Gujarat-360001 �थायीलेखासं./जीआइआरसं./PAN/GIR No.: ABVPT5689G (अपीलाथ�/Appellant) (��यथ�/Respondent) Appellant by : Shri Anil Kothiya, Ld. AR Respondent by : Shri Ganesh Iyer, Ld. Sr. DR Date of Hearing : 13/07/2026 Date of Pronouncement : 31/07/2026 :: ORDER :: Per, Dr. Arjun Lal Saini, AM: The present appeal has been filed by the assessee, against the order passed by the Learned Commissioner of Income Tax (Appeal), National Faceless Appeal, Centre (NFAC), Delhi [hereinafter referred to as “CIT(A)”] dated 09.03.2026, arising in the matter of assessment order passed u/s 147 r.w.s. 144B of the Income Tax Act, 1961 (here-in-after referred to as “the Act”) relevant to the Assessment Year 2020-21.
At the outset itself, ld. Counsel for the assessee assailed the impugned order by contending that the assessee could not represent his case before Ld.
ITA No.719/Rjt/2026 [ AY 2020-21 ] Haresh Bhanjibhai Tank v. DCIT
CIT(A) and the order being an ex-parte order, stood vitiated on account of violation of principle of natural justice. The Ld. Counsel for the assessee submitted that the assessee could not submit the entire documents and evidences before the assessing officer. Before the Ld.CIT(A), there was part of compliance by the assessee. Therefore, now, the assessee wants to submit entire documents and evidences before the assessing officer, therefore, the assessee’s appeal may be remitted back to the file of the assessing officer for fresh adjudication.
On the other hand, ld. DR for the Revenue, argued that assessee did not submit the entire documents and evidences before the Lower Authorities, therefore, the assessee was negligent, and hence the cost should be imposed on the assessee, if the Bench wants to remit this issue back to the file of the assessing officer for fresh adjudication.
We have heard, both the parties and carefully gone through the submission put forth on behalf of the assessee. We note that in the assessee’s case under consideration, the assessment was carried out u/s 147 r.w.s. 144B of the Act and the impugned order passed by the Ld. CIT(A), is an ex -parte order and non- speaking order, therefore, we do not wish to make any comments on the merits of the grounds raised by the assessee.
Considering the above facts, we note that assessee has not been given sufficient opportunity of being heard and could not plead his case successfully before the Ld. CIT(A). We note that it is settled law that principles of natural justice and fair play require that the affected party is granted sufficient opportunity of being heard to contest his case. However, on account of non- compliance attitude of the assessee, we impose a cost of Rs.5000/-, on the
ITA No.719/Rjt/2026 [ AY 2020-21 ] Haresh Bhanjibhai Tank v. DCIT
assessee, which should be deposited in the Prime Minister National Relief Fund. Therefore, without delving much deeper into the merits of the case, in the interest of justice, we restore the matter back to the file of assessing officer for de novo adjudication and pass a speaking order after affording sufficient opportunity of being heard to the assessee, who in turn, is also directed to contest his stand forthwith. It is needless to say that the assessee will be at liberty to adduce any evidences as deemed relevant before the assessing officer at the time of assessment, proceedings in consequence to this order and the Assessing Officer shall, allow the assessee adequate opportunity of being heard and to make relevant submissions, and then pass a speaking order which is fair and judicious.
In the result, the appeal of the assessee is allowed for statistical purposes. Order is pronounced in the open Court on 31/07/2026.
Sd/- Sd/- [ Shri Sonjoy Sarma ] [ Dr. Arjun Lal Saini ] �याियक सद�य/Judicial Member लेखा सद�य/Accountant Member //True Copy// राजकोट/Rajkot िदनांक/ Date: 31/07/2026 Copy of the order forwarded to : The assessee The Respondent CIT By order The CIT(A) DR, ITAT, RAJKOT Guard File Sr. Private Secretary ITAT, Rajkot
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