ASHWANI DHAWAN,GURGAON vs. ITO WARD 1(1), DELHI

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ITA 2071/DEL/2026Status: DisposedITAT Delhi27 July 2026AY 2019-202 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the impugned order and restored the matter to the Assessing Officer for a fresh assessment. The assessee is to be given a reasonable opportunity to make submissions.

What were the facts?

The assessee's appeal was dismissed ex-parte by the CIT(A). The assessment was reopened under Section 148, and the Assessing Officer completed the assessment under Section 144 due to the assessee's lack of response.

What were the issues?

Whether the ex-parte assessment and the dismissal of the appeal by the CIT(A) were justified without affording the assessee a proper opportunity to be heard.

Which sections of the Income-tax Act were involved?

Section 148,Section 142(1),Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI

Before: SHRI VIKAS AWASTHY & SHRI S RIFAUR RAHMAN

For Respondent: Shri Rajesh Kumar Dhanesta, Sr

PER SHRI VIKAS AWASTHY, JUDICIAL MEMBER: This appeal by the assessee is directed against an ex-parte order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [in short ‘the CIT(A)’] dated 26.12.2025, for Assessment Year 2019-20.

2.

Submissions made by ld. DR heard, orders of the lower authorities examined. The assessment for AY 2019-20 in the case of assessee was reopened and notice u/s.148 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) was issued to the assessee on 29.03.2023. In response to notice u/s.148 of the Act, the assessee filed return of income declaring total income of Rs.44,29,310/- under the head salary, income from house property and profits from business or professional. Thereafter, no further submissions were made by assessee in response to notice u/s.142(1) of the Act. The Assessing Officer (AO) in absence of any reply of the assessee, completed the assessment u/s.144 of the Act. The assessee assailed

ITA 2071/DEL/2026 ASHWANI DHAWAN the additions made by AO in appeal before the CIT(A). The CIT(A) vide impugned order dismissed appeal of the assessee in ex-parte proceedings.

3.

Considering entire facts of the case and in the interest of justice, we deem it appropriate to restore the matter back to the AO for denovo assessment, after affording reasonable opportunity of making submissions to the assessee, in accordance with law.

4.

The AO shall serve notice(s) to the assessee on the email address provided in Form No. 36 i.e. ashwanis.dawan@gmail.com in addition to notice on email address available on portal of Department. The assessee upon service of notice shall respond to the same, without fail.

5.

In the result, impugned order is set aside and appeal of the assessee is allowed for statistical purpose. Order pronounced in the open court on Tuesday the 07th day of July, 2026

Sd/- Sd/- S RIFAUR RAHMAN VIKAS AWASTHY ACCOUNTANT MEMBER JUDICIAL MEMBER Delhi Dated: 27-Jul-2026

Copy to: ASHWANI DHAWAN, W-1A, 115 DLF WELLINGTON ESTATE, 1 PHASE-5, DLF GURGAON-122002, HARYANA 2 ITO WARD 1(1), NEW DELHI 3 THE PCIT / CIT, 4 THE D.R., ITAT, DELHI BENCH 5 GUARD FILE

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