GAGANDEEP SINGH LUTHRA,MOHALI vs. ITO, WARD 6(4), CHANDIGARH, MOHALI
What did the Tribunal hold?
The Tribunal, in the interest of justice, remanded the matter back to the CIT(A). The CIT(A) is directed to decide the appeal afresh after providing a reasonable opportunity of hearing to the assessee.
What were the facts?
The assessee appealed an order from the CIT(A) for AY 2023-24. The assessee's counsel requested an adjournment, which was rejected. The assessee argued that the lower authorities made estimations without properly appreciating facts and evidence.
What were the issues?
Whether the lower authorities erred in making estimations without proper appreciation of facts and evidence, and whether the assessee deserves another opportunity to present their case.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DIVISION BENCH, ‘A’ CHANDIGARH
Before: SHRI LALIET KUMAR & SHRI MANOJ KUMAR AGGARWAL
आयकर अपील�य अ�धकरण,च�डीगढ़ �यायपीठ, च�डीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, ‘A’ CHANDIGARH BEFORE SHRI LALIET KUMAR, JUDICIAL MEMBER AND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER आयकर अपील सं./ ITA No. 956/CHD/2026 �नधा�रण वष� / Assessment Year: 2023-24 Gagandeep Singh Luthra, The ITO, SCO H06 Ansal Golf Links, Vs Ward 6(4), Sector 114, Mohali. Chandigarh. �थायी लेखा सं./PAN NO: ACTPL8849B अपीलाथ�/Appellant ��यथ�/Respondent Assessee by : Shri Atul Goyal, CA Revenue by : Shri Vivek Vardhan, Addl. CIT Sr.DR Date of Hearing : 06.07.2026 Date of Pronouncement : 14.07.2026
PHYSICAL HEARING O R D E R PER LALIET KUMAR, JM
This is an appeal filed by the assessee feeling aggrieved by the order passed by the ld. Commissioner of Income Tax (Appeals) NFAC [in short ‘the CIT (A)’] dated 18.02.2026 passed for assessment year 2023-24.
At the time of hearing, ld. counsel for the assessee has filed an application requesting the adjourn the appeal to some later date. On considering the contents of the application, we are not
ITA No.956/CHD/2026 A.Y.2023-24 2
convinced with the reasons given for adjournment. Accordingly,
the Adjournment Application is rejected and the appeal is being
taken to be decided on merits.
In this case, the ld. counsel for the assessee has submitted
that ld.CIT (Appeals) has passed the impugned order without
proper appreciation of facts, evidences and submissions of the
assessee. It has been further submitted that the ld. AO as well as
ld.CIT (Appeals) have erred in making estimation without pointing
out any error in the books of accounts.
In the proceedings before this Tribunal, it was submitted by
the ld. counsel for the assessee that the assessee deserves to be
given one more opportunity. Therefore, the ld. counsel for the
assessee prays that one more opportunity may kindly be granted
to the assessee to substantiate the claims made in the grounds of
appeal.
The ld. DR has opposed the grant of opportunity.
Having heard the rival contentions, in the interest of justice,
the matter is remanded back to the file of ld.CIT (Appeals) with
direction to decide the appeal afresh in accordance with law after
ITA No.956/CHD/2026 A.Y.2023-24 3
giving sufficient and reasonable opportunity of hearing to the
assessee. The assessee is directed to fully cooperate in the remand
proceedings and furnish all supporting evidence and explanations
as may be called for by the ld.CIT (Appeals).
In the result, the appeal filed by the assessee is allowed for statistical purposes.
Order pronounced on 14.07.2026. Sd/- Sd/-
(MANOJ KUMAR AGGARWAL) (LALIET KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER “Poonam” आदेश क� �ितिलिप अ�ेिषत/ Copy of the order forwarded to : अपीलाथ�/ The Appellant 1. ��यथ�/ The Respondent 2. आयकर आयु�/ CIT 3. िवभागीय �ितिनिध, आयकर अपीलीय आिधकरण, च�डीगढ़/ DR, ITAT, CHANDIGARH 4. गाड� फाईल/ Guard File 5.
सहायक पंजीकार/ Assistant Registrar
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