VINOD KUMAR,MOHALI, PUNJAB vs. INCOME TAX OFFICER, CHANDIGARH

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ITA 37/CHANDI/2026Status: DisposedITAT Chandigarh06 July 2026AY 2015-20162 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the matter to the lower authorities for a fresh assessment, emphasizing principles of natural justice. This is subject to the assessee paying a cost of Rs. 5,000/-.

What were the facts?

The assessee's income was determined at Rs. 163.43 Lacs by the AO due to lack of complete information. The CIT(A) confirmed the assessment as the assessee made no representation. The assessee is appealing this decision.

What were the issues?

Whether the assessment order should be set aside and a de novo assessment be permitted to allow the assessee to present its case, considering principles of natural justice.

Which sections of the Income-tax Act were involved?

Section 147,Section 144B

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 HYBRID HEARING BEFORE HON’BLE SHRI LALIET KUMAR, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपीलसं./ ITA No.37/CHANDI/2026 (िनधा�रणवष� / Assessment Year: 2015-16) Shri Vinod Kumar ITO GholluMajra, Dera Bassi, SAS Nagar बनाम/ Vs. Ward – 5, Aaykar Bhawan Mohali, Punjab – 140506 Sector – 17, Chandigarh �ायीलेखासं./जीआइआरसं./PAN/GIR No. DCXPK-2114-M (अपीलाथ�/Appellant) (��थ� / Respondent) : अपीलाथ�कीओरसे/ Appellant by : Ms. Urbi Khanna (Advocate)&Sh. Anirudh Garg (Advocate) - Ld. ARs ��थ�कीओरसे/Respondent by : Dr. Ranjit Kaur (Addl. CIT) - Ld. Sr. 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) 2015-16 arises out of an order of learned Commissioner of Income Tax (Appeals), NFAC [CIT(A)] dated 17.10.2025 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s 147 r.w.s 144B of the Act on 07.03.2024. The registry has noted the delay of 8 days which stand condoned.

2.

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 various adjustments to determine assessee’s income at Rs.163.43 Lacs for want of complete information from the assessee. The Ld. CIT(A) confirmed the assessment for want of any representation from the assessee. Aggrieved, the assessee is in further appeal before us. 3. 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. 4. The appeal stands allowed for statistical purposes. 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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