NUWAY ORGANIC NATURALS INDIA LIMITED,DELHI vs. ASSISTANT COMMISSIONER OF INCOME TAX- CIR, G.GARH, GOBINDGARH, PUNJAB

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ITA 711/CHANDI/2025Status: DisposedITAT Chandigarh06 July 2026AY 2017-182 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the matter to the lower authorities for a de novo assessment, citing principles of natural justice. This was subject to the assessee paying a cost of Rs. 5,000/- within 30 days.

What were the facts?

The assessee's appeal for AY 2017-18 arose from an assessment framed on a best judgment basis due to non-representation. The CIT(A) confirmed the assessment for the same reason. The assessee sought to have the matter restored to the lower authorities.

What were the issues?

Whether the assessment made on a best judgment basis without proper representation should be set aside and remanded for a fresh assessment, upholding principles of natural justice.

Which sections of the Income-tax Act were involved?

Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, CHANDIGARH

Before: HON’BLE SHRI LALIET KUMAR, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, CHANDIGARH PHYSICAL HEARING BEFORE HON’BLE SHRI LALIET KUMAR, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकर अपील सं./ ITA No.711/CHANDI/2025 (िनधा�रण वष� / Assessment Year: 2017-18) M/s Nuway Organic Naturals India Ltd. ACIT-Circle बनाम/ C/o Pranshu Goel (CA), Gobindgarh-147001 5A/3A, Ansari Road, Daryaganj Vs. New Delhi -110002 �ायीलेखासं./जीआइआरसं./PAN/GIR No. AACCN-5847-P (अपीलाथ�/Appellant) : (��थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : Sh. Pranshu Goel (CA) & Sh. Aditya Gupta (Advocate) – Ld. ARs ��थ�कीओरसे/Respondent by : Shri Rajat Kumar Kureel (CIT) – Ld. DR सुनवाईकीतारीख/Date of Hearing : 29-06-2026 घोषणाकीतारीख /Date of Pronouncement 06-07-2026 : आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2017-18 arises out of an order of learned Commissioner of Income Tax (Appeals), NFAC [CIT(A)] dated 23.08.2024 in the matter of an assessment framed by Ld. Assessing Officer [AO] on best judgment basis u/s 144of the Act on 25.11.2019. The Ld. AR, at the outset, pleaded for restoring the matter back to the file of lower authorities on

the ground that the assessee is in a position to defend its case. In the assessment order, Ld. AO made twin additions to determine assessee’s income at Rs.21.91 Crores on best judgment basis. The Ld. CIT(A) confirmed the assessment for want of any representation from the assessee. Aggrieved, the assessee is in further appeal before us. 2. Keeping in mind the principles of natural justice, we accept the prayer of Ld. AR subject to payment of cost of Rs.5,000/- which shall be deposited by the assessee within 30 days from the date of receipt of this order to the Poor Patient Relief Fund of PGI Hospital, Chandigarh. The proof of the same would be furnished by the assessee to Ld. AO who would proceed for de novo assessment. The assessee is directed to plead and prove its case forthwith. 3. The appeal stands allowed for statistical purpose. Order pronounced on 06th July, 2026 -Sd- -Sd- (LALIET KUMAR) (MANOJ KUMAR AGGARWAL) JUDICIAL MEMBER ACCOUNTANT MEMBER AS Dated: 06-07-2026 आदेश की �ितिलिप अ�ेिषत /Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. ��थ�/Respondent 3. आयकरआयु�/CIT 4. िवभागीय�ितिनिध/DR 5. गाड�फाईल/GF

ASSISTANT REGISTRAR ITAT CHANDIGARH

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