What did the Tribunal hold?

The Tribunal set aside the ex parte order of the CIT(A) and restored the matter for fresh adjudication. The CIT(A) was directed to decide the appeal on merits after providing an effective opportunity of hearing to the assessee.

The assessee's appeal was disposed of by the CIT(A) without effective representation due to bonafide reasons. The assessee claimed they were deprived of an adequate opportunity to present their case.

What were the issues?

Whether the assessee was provided with an adequate opportunity of hearing before the CIT(A) and if the ex parte order should be set aside.

Triveni International vs ITO | ITAT Mumbai 2026

Income Tax Appellate Tribunal, ‘E’ BENCH

For Appellant: Shri Ameya Chalke (Virtual appearance)

For Respondent: Shri Sujatha Iyyanger

Hearing: 15/06/2026Pronounced: 15/06/2026

आदेश / O R D E R PER AMIT SHUKLA (J.M): The present appeal has been preferred by the assessee against the impugned order dated 02.01.2026 passed by the National Faceless Appeal Centre (NFAC) / Commissioner of Income Tax (Appeals) (‘CIT(A)’ for short) for the quantum of assessment passed u/s.143(3) of the Income Tax Act, 1961 for the A.Y.2018-19.

2 ITA No.3828/Mum/2026 Triveni International

The primary grievance raised before us is that the appeal has been disposed of without effective representation on behalf of the assessee. It has been submitted that due to bonafide and genuine reasons, the assessee could not properly respond to the notices issued during the course of the appellate proceedings and, consequently, was deprived of an adequate opportunity of presenting its case before the learned CIT(A). It has, therefore, been pleaded that in the interest of substantial justice, the matter may be restored to the file of the learned CIT(A) for fresh adjudication on merits after affording due and effective opportunity of hearing.

The learned Departmental Representative fairly submitted that he would have no serious objection if the matter is restored to the file of the learned CIT(A) for fresh consideration.

Having considered the rival submissions and the material placed on record, we are of the opinion that the ends of justice would be met if the impugned ex parte order is set aside and the matter is restored to the file of the learned CIT(A) for adjudication afresh in accordance with law. Accordingly, the impugned order of the learned CIT(A) is set aside and the matter is restored to his file with a direction to decide the appeal afresh on merits and in accordance with

3 ITA No.3828/Mum/2026 Triveni International law after affording due and effective opportunity of hearing to the assessee. The assessee is also directed to extend full cooperation in the appellate proceedings. Since the appeal pertains to an old assessment year and has already remained pending for a considerable period, and further the matter is being restored on account of the bona fide reasons explained by the assessee without adjudication on merits, we deem it appropriate to observe that the learned CIT(A) shall endeavour to dispose of the appeal as expeditiously as possible in accordance with law. We make it clear that we have not expressed any opinion on the merits of the issues involved and all contentions are left open.

In the result, the appeal is allowed for statistical purposes.

Order pronounced on 15th June, 2026.

Sd/- Sd/- (GIRISH AGRAWAL) (AMIT SHUKLA) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai; Dated 15/06/2026 KARUNA, sr.ps

4 ITA No.3828/Mum/2026 Triveni International

Copy of the Order forwarded to : 1. The Appellant 2. The Respondent. 3. CIT 4. DR, ITAT, Mumbai 5. Guard file. //True Copy// BY ORDER,

(Asstt. Registrar) ITAT, Mumbai

TRIVENI INTERNATIONAL,MUMBAI vs. INCOME TAX OFFICER 33(1)(1), MUMBAI

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