SANGEETA SHARMA,GURUGRAM vs. INCOME TAX OFFICER, CIVIC CENTRE
What did the Tribunal hold?
The Tribunal held that since the additional evidence was vital and the assessee was ex-parte, the ends of justice require restoring the issues to the CIT(A) for fresh consideration.
What were the facts?
The assessee sought a stay for a demand for AY 2021-22. The CIT(A) dismissed the appeal without admitting additional evidence filed under Rule 46A, despite the assessee being ex-parte before the AO.
What were the issues?
Whether the CIT(A) erred in dismissing the appeal without admitting additional evidence filed under Rule 46A, especially when the assessee was ex-parte before the AO.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “F” BENCH, DELHI
Before: SHRI S RIFAUR RAHMAN & SHRI ANUBHAV SHARMA
PER ANUBHAV SHARMA, JM:
The application for stay was listed today and on hearing both sides it
was found that the assessee had sought stay for demand of AY; 2021-22,
however, assessee while challenging the impugned order of ld. CIT(A) has
raised legal grounds as well and without admitting the evidence filed under
Rule 46A, ld. CIT(A) has dismissed the appeal.
The Bench is of the considered view that as assessee is an individual
and additional evidences were vital for determination of the issue, the ends of
justice would need to restore the issues on merits as well as law, to the files
of ld. CIT(A).
The appeal of the assessee was also taken up for hearing. The issue
involved is the addition which was made in the hands of the assessee in an
ex-parte assessment order wherein disallowance u/s 54 was made and
addition u/s 69 has been made.
Ld. DR agreed to the proposition that given the nature of issues
involved and as assessee was ex-parte before assessing officer, additional
P a g e | 3 SA No.233/Del/2026 ITA No.3819/Del/2026 Sangeeta Sharma (AY: 2021-22) evidences deserves to be admitted, thereupon ld. CIT(A) should have passed
the order.
In the light of aforesaid we allow the appeal of the assessee for
statistical purposes and restore the issue on merits to the files of ld. CIT(A) to
allow additional evidences of the assessee and thereafter to consider the issue
on law and on merits and pass order afresh. Consequently, stay application
filed become infructuous and dismissed.
Order pronounced in the open court on 08.05.2026
Sd/- Sd/- (S. Rifaur Rahman) (Anubhav Sharma) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated 13.05.2026 Rohit, Sr. PS
More judgments on Section 54
- Renu Arun Talwar, Mumbai vs Circle 17(1), MumbaiITA 204/MUM/2026[2012-13]Status: Disposed16 Oct 2026AY 2012-13
- Income Tax Officer, Ward-3(3)(2), Ahmedabad vs Manan Arati Patel, AhmedabadITA 923/AHD/2026[2022-23]Status: Disposed6 Oct 2026AY 2022-23
- Rohitbhai Jivrambhai Patel, Vadodara vs Income-Tax Officer, Ward 3(1)(2), VadodaraITA 679/AHD/2026[2018-19]Status: Disposed30 Sept 2026AY 2018-19
- Rohitbhai Jivrambhai Patel, Vadodara vs Income-Tax Officer, Ward 3(1)(2), VadodaraITA 679/AHD/2026[2018-19]Status: Disposed30 Sept 2026AY 2018-19
- Dy. Commissioner of Income… vs Thomas Myladiyil Augustine, AhmedabadITA 1131/AHD/2026[2022-23]Status: Disposed30 Sept 2026AY 2022-23
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