SONU,NEW DELHI vs. ASSISSTANT COMMISSIONER OF INCOME, NEW DELHI
What did the Tribunal hold?
The Tribunal found that the assessee should be given a further opportunity to be heard. The matter was remitted back to the AO to decide afresh after providing an opportunity to the assessee and considering evidence.
What were the facts?
The assessee's appeal was against an ex parte assessment order. The assessee had filed a submission before the CIT(A), but no independent inquiry was conducted on the alleged sale of land.
What were the issues?
Whether the ex parte assessment order was passed without affording a proper opportunity of being heard to the assessee and whether the CIT(A) conducted an independent inquiry.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Before: SHRIRAMIT KOCHAR
आदेश / ORDER PERMADHUMITA ROY, JM: The instant appeal filed by the assessee is directed against the order dated 11.11.2025 passed by the Ld. Commissioner of Income-tax (Appeals)-30, New Delhi [hereinafter referred to as the Ld. CIT(A)] under Section 250 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) arising out of the Assessment Order dated 27.03.2025 passed by the ACIT, Central Circle-29,
ITA No.197/DEL/2026 /DEL/2026 Sonu
Delhi (hereinafter referred to as ‘the ld. AO’) under Section 14 (hereinafter referred to as ‘the ld. AO’) under Section 147 r.w.s. 144 7 r.w.s. 144 of the Act for Assessment Year 20 Act for Assessment Year 2022-23. 2. None appeared at the time of hearing before us. None appeared at the time of hearing before us.
The order passed by the Ld. AO is, admittedly, an The order passed by the Ld. AO is, admittedly, an ex parte one and before one and before the Ld. CIT(A), the assessee filed submission A), the assessee filed submission. It also appears from the order . It also appears from the order passed by the Ld.CIT(A) that no independent passed by the Ld.CIT(A) that no independent inquiry was conducted on the issue inquiry was conducted on the issue of alleged sale of land by the assessee. Thus, having regard to the entire aspect of alleged sale of land by the assessee. Thus, having regard to the entire aspect of alleged sale of land by the assessee. Thus, having regard to the entire aspect of the matter, we find that a further opportunity of being heard should be given of the matter, we find that a further opportunity of being heard should be given of the matter, we find that a further opportunity of being heard should be given to the assessee. We, therefore remit the matter to the f to the assessee. We, therefore remit the matter to the file of the Ld. AO with a ile of the Ld. AO with a direction to decide the issue afresh, after affording an opportunity of being heard direction to decide the issue afresh, after affording an opportunity of being heard direction to decide the issue afresh, after affording an opportunity of being heard to the assessee and upon considering the evidence on record and any other to the assessee and upon considering the evidence on record and any other to the assessee and upon considering the evidence on record and any other evidence that the assesseee may choose to file at the time of hearing. evidence that the assesseee may choose to file at the time of hearing. evidence that the assesseee may choose to file at the time of hearing. 4. In the result, appeal In the result, appeal filed by the Assessee is allowed for statistical allowed for statistical purposes.
Order pronounced in the open court on 09.07.2026. Order pronounced in the open court on
Sd/- Sd/- (RAMIT KOCHAR RAMIT KOCHAR) (MADHUMITA ROY MADHUMITA ROY) ACCOUNTANT MEMBER MEMBER JUDICIAL MEMBER MEMBER Dated: 09th July, 2026. Dk/R. N, SR. PS
ITA No.197/DEL/2026 /DEL/2026 Sonu
Copy to:
1 Sonu, 768 Shiv MandirWaliGali, Village Samaspurkhalsa, Sonu, 768 Shiv MandirWaliGali, Village Samaspurkhalsa, Sonu, 768 Shiv MandirWaliGali, Village Samaspurkhalsa, Ujwa, Delhi – 110 073 110 073
2 ACIT, Jhandewalan, DELHI DELHI
3 THE PCIT / CIT, 4 THE D.R., ITAT, DELHI DELHIBENCH 5 GUARD FILE
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