H. H. IMPEX,DELHI vs. INCOME TAX OFFICER, WARD 51(5), DELHI, DELHI
What did the Tribunal hold?
The Tribunal agreed with the assessee's justification for non-compliance and, in the interest of justice, remitted the matter back to the CIT(A) for fresh adjudication. The assessee was directed to comply with future notices.
What were the facts?
The assessee's appeal was dismissed ex-parte by the CIT(A) due to non-compliance with statutory notices. The assessee claimed compelling reasons for the non-compliance, stating it was neither intentional nor mala fide.
What were the issues?
Whether the ex-parte dismissal by the CIT(A) violated the assessee's right to natural justice and if there were sufficient grounds for remission.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCHES, ‘A’ NEW DELHI
Before: SHRI ANUBHAV SHARMA
आयकर अपीलीय अिधकरण, िद�ी पीठ�, नई िद�ी INCOME TAX APPELLATE TRIBUNAL, DELHI BENCHES, ‘A’ NEW DELHI BEFORE SHRI ANUBHAV SHARMA, JUDICIAL MEMBER AND SHRI AMITABH SHUKLA, ACCOUNTANT MEMBER ITA No.1678/DEL/2026 िनधा�रण वष�/Assessment Year: 2017-18) H. H. IMPEX INCOME TAX OFFICER, 2523/8, M-1, BEADON PURA, WARD 51(5), DELHI KAROL BAGH, NEW DELHI-110005 ROOM NO. 2209, BLOCK E-2, Vs. CIVIC CENTRE, MINTO ROAD, NEW DELHI - 110002 अपीलाथ� Appellant ��थ� Respondent
Permanent Account Number of Assessee: AAHFH3522P
अपीलाथ� �ारा/Appellant represented by: Shri Lakshay Gupta, CA & Shri Mudit Bansal, ADV ��थ� �ारा/Respondent represented by: Sh Balkrishan Gopal ,SR DR सुनवाई की तारीख / Date of conclusion of hearing: 30.06.2026 घोषणा की तारीख / Date of pronouncement: 08.07.2026 आदेश / ORDER PER AMITABH SHUKLA, AM This appeal filed by the Assessee is directed against the order of Ld. Commissioner of Income Tax (Appeals)/NFAC, New Delhi, dated 25.11.2025 arising out of assessment order dated 27.12.2019 passed under section u/s 143(3) of the Act for the Assessment Year 2017-18. The word ‘Act’ herein this order would mean Income Tax Act, 1961. 2. At the outset, ld. Counsel for the assessee submitted that the ld. CIT(A) has dismissed its case ex-parte and thus its right to natural justice of being heard has been violated. The ld. Counsel submitted that the assessee was prevented by compelling
ITA 1678/DEL/2026 H. H. IMPEX
person reason for making requisite compliance to the statutory notices of ld. CIT(A). It was submitted that the impugned conduct of the assessee was neither intentional nor mala fide. It was accordingly requested that the matter be kindly considered for remission back to the ld. CIT(A) for adjudication de novo. The ld. Counsel personally ensured that full compliance shall now been made. 3. The ld. DR while relying upon the order of the lower authorities did not seriously oppose the move. 4. We have heard rival submissions in the light of material available on records. The misconduct of the assessee in not complying to the statutory notices of the ld. First Appellate Authority are evident from the assailed appellate order dated 25.11.2025. We are however in agreement with the justification tendered for the impugned non- compliance. We are also conscious of the fact that no litigant benefits by non- prosecution of its case. Accordingly in the interest of justice, we remit the matter back to the file of the ld. CIT(A) for adjudication de novo in accordance with law, while according opportunity of being heard and by passing a speaking order. The assessee shall be bounden to comply with statutory notices issued and any non-compliance shall be adversely viewed. The appeal of the assessee is therefore allowed for statistical purposes. 5. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 08th July, 2026.
Sd/- Sd/- [ANUBHAV SHARMA] [AMITABH SHUKLA] JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 08.07.2026
Page 2 of 3
ITA 1678/DEL/2026 H. H. IMPEX
Shekhar Copy forwarded to: 1. Appellant 2. Respondent 3. PCIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi
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