MERAJ LEISURE WORLD LLP,NEW DELHI vs. ITO WARD 44(7), DELHI
What did the Tribunal hold?
The Tribunal found that both the AO and CIT(A) orders were ex-parte and the CIT(A) did not decide all grounds on merits. In the interest of justice, the issue was restored to the AO for de-novo assessment.
What were the facts?
The Assessing Officer made an addition of Rs. 83,95,700/- under Section 68. The assessee's appeal to the CIT(A) was dismissed. Both the AO and CIT(A) orders were ex-parte.
What were the issues?
Whether ex-parte orders passed by the lower authorities without deciding all grounds on merits violate principles of natural justice.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI
Before: SHRI YOGESH KUMAR U.S & SHRI SANJAY AWASTHI
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI [ DELHI BENCH: “A” NEW DELHI] BEFORE SHRI YOGESH KUMAR U.S, JUDICIAL MEMBER AND SHRI SANJAY AWASTHI, ACCOUNTANT MEMBER ITA No. 6466/DEL/2025(A.Y 2017-18) Meraj Leisure World LLP, Vs The Income Tax Officer 817, A Rishi Nagar, Rani Ward 44(7) Civic Centre, New Bagh, New Delhi Delhi PAN: ABBFM4870E (RESPONDENT) (APPLICANT) Appellant by Sh. R. K. Mehra, CA Respondent by Sh. Ajay Kumar Arora, Sr DR
Date of Hearing 23.04.2026 Date of Pronouncement 28.04.2026
ORDER PER YOGESH KUMAR, U.S. JM: The present appeal is filed by the Assessee against the order of
Ld. Commissioner of Income Tax (Appeals/ National Faceless Appeal
Centre (‘Ld. CIT(A)/NFAC’ for short), New Delhi dated 26/08/2025 for
the Assessment Year 2017-18.
Brief facts of the case are that, an assessment order came to be
passed on 18/12/2019 u/s 143(3) of the Income Tax Act, 1961 ('Act'
for short) by making an addition under Section 68 of the Act to the
tune of Rs.83,95,700/-. The Assessee preferred an Appeal before the
Ld. CIT(A) which has been dismissed on 26/08/2025 vide order
impugned. As against the order of the Ld. CIT(A) dated 26/08/2025,
Assessee preferred the present Appeal.
The Ld. Counsel for the Assessee submitted that both the order
of the A.O. as well as Ld. CIT(A) are ex-parte and the Ld. CIT(A) has
not decided on the grounds of the Appeal of the Assessee and the
order impugned came to be passed in violation of principals of natural
justice. Thus, sought for allowing the Appeal.
Per contra, the Ld. Department's Representative submitted that
the Assessee is a chronic defaulter who has not appeared before the
Lower Authorities, therefore, both the A.O. as well as the Ld. CIT(A)
have passed the respective orders in accordance with law which
requires no interference, thus by relying on the orders of the Lower
Authorities sought for dismissal of the Appeal.
We have heard both the parties and perused the material
available on record. Both the order of the A.O. as well as order of the
Ld. CIT(A) are ex-parte, wherein the Assessee has not participated in
any of the proceedings. Even the Ld. CIT(A) has not decided all the
grounds of Appeal on its merits. In view of the above, in the interest of
justice, we deem it fit to restore the issue to the file of the A.O. for de-
novo assessment. Needless to say, the A.O. shall provide opportunity
of being heard to the Assessee before passing the assessment order in
accordance with law. The Assessee is also directed to participate in
assessment proceedings without fail.
In the result, the Appeal of the Appellant is partly allowed for
statistical purpose.
Order pronounced in the Open Court on this 28th Day of April, 2026 Sd/- Sd/- (SANJAY AWASTHI) (YOGESH KUMAR U.S.) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 28/04/2026 R. Naheed * Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT
ASSISTANT REGISTRAR ITAT NEW DELHI
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