BLACKSTONE MULTI TRADING PRIVATE LIMITED,MUMBAI vs. DCIT CC 4(4) MUMBAI, KAUTILYA BHAVAN
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 appeals afresh after affording due opportunity of hearing.
What were the facts?
The assessee's appeals were disposed of by the CIT(A) without effective representation due to bona fide reasons. The assessee contended they were deprived of an adequate opportunity to present their case.
What were the issues?
Whether the CIT(A) erred in disposing of the appeals ex parte without providing the assessee with an effective opportunity of hearing.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘E’ BENCH
Before: SHRI AMIT SHUKLA & SHRI GIRISH AGRAWAL
आदेश / O R D E R PER AMIT SHUKLA (J.M): The present appeals have been preferred by the assessee against the impugned order dated 09.02.2026 passed by the Commissioner of Income Tax (Appeals) (‘CIT(A)’ for short)-54, Mumbai for the quantum of assessment passed u/s.153C &
2 ITA No.3927-3929/Mum/2026 Blackstone Multi Trading Private Limited 143(3) of the Income Tax Act, 1961 for the A.Yrs.2017-18, 2021-22 & 2023-24.
The primary grievance raised before us is that the appeals have been disposed of without effective representation on behalf of the assessee. It has been submitted that due to bona fide 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
3 ITA No.3927-3929/Mum/2026 Blackstone Multi Trading Private Limited aside and the matter is restored to his file with a direction to decide the appeals afresh on merits and in accordance with 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 appeals pertain 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 appeals 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 appeals are 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.3927-3929/Mum/2026 Blackstone Multi Trading Private Limited
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
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- Ajay Singh, Kota vs DCIT, Central Circle, KotaITA 495/JPR/2026[2016-17]Status: Disposed13 Oct 2026AY 2016-17
- Dineshkumar Chhaganlal Manavadaria, Junagadh vs ITO Ward 1, JunagadhITA 837/RJT/2025[2020-21]Status: Disposed9 Oct 2026AY 2020-21
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