FRIENDS TRACTOR,HARYANA vs. INCOME TAX OFFICER,REWARI, INCOME TAX OFFICE REWARI

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ITA 1058/DEL/2026Status: DisposedITAT Delhi25 May 2026AY 2018-192 pages
AI SummaryRemanded

What did the Tribunal hold?

The ITAT found that the CIT(A) did not pass a speaking order and that the assessee was non-cooperative. In the interest of justice, the case was remitted back to the CIT(A) for a fresh decision.

What were the facts?

The assessee's appeal was dismissed ex-parte by the CIT(A) for being vague and unsupported by evidence. The assessee did not appear before the ITAT, and the DR relied on the lower authorities' orders.

What were the issues?

Whether the CIT(A) passed a speaking order and whether the assessee was given adequate opportunity to present its case.

Which sections of the Income-tax Act were involved?

Section 147,Section 144,Section 144B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘F’ : NEW DELHI

Before: SHRI MAHAVIR SINGH & SHRI SANJAY AWASTHI

For Respondent: Ms. Harpreet Kaur Hansra, Sr. DR
Hearing: 25.05.2026Pronounced: 25.05.2026

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘F’ : NEW DELHI)

BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI SANJAY AWASTHI, ACCOUNTANT MEMBER ITA No. 1058/Del/2026 Asstt. Year : 2018-19 FRIENDS TRACTOR, VS. ITO, REWARI DELHI ROAD REWARI, HARYANA NEW REWARI GAS GODOWN, REWARI [HARYANA] [PAN: AAEFF2320A] (Appellant) (Respondent) Appellant by : None Respondent by : Ms. Harpreet Kaur Hansra, Sr. DR.

Date of Hearing 25.05.2026 Date of Pronouncement 25.05.2026

ORDER PER MAHAVIR SINGH, VP: This appeal by the Assessee is emanating from the order of the National Faceless Appeal Centre, (NFAC), Delhi in Appeal No. NFAC/2017-18/10246428 dated 03.11.2025, arising out of the assessment order dated 28.3.2023 passed u/s. 147 r.w.s. 144 read with section 144B of the Income Tax Act, 1961 (hereinafter referred the Act) relating to assessment year 2018-19. 2. None appeared on the behalf of the assessee. Ld. DR relied upon the orders of the authorities below. 3. We have heard the Ld. DR and perused the records, especially the contentions raised by the assessee in the grounds of appeal. On perusal of records, it reveals that it is an admitted fact that Ld. CIT(A) dismissed the appeal of the assessee by passing an ex-parte order wherein, he upheld the order of the

Assessing Officer by observing that explanation offered by the assessee during assessment proceedings was vague, unsupported by proper books or corroborative evidence, which demonstrates that Ld. CIT(A) has not passed a speaking order and also assessee remain non-cooperative during the proceedings before the lower authorities. In view of the aforesaid facts and circumstances of the case and in the interest of justice, we deem it fit and proper to give one more opportunity to the assessee to canvass its case before the Ld. CIT(A). Accordingly, we remit back the issues to the file of the Ld. CIT(A) with the direction to decide the same afresh, after giving adequate opportunity of being heard to the assessee and pass a speaking order on the merits of the case. Assessee is also directed to fully cooperate with the Ld. CIT(A) during the proceedings and produce all the relevant evidences, if any, to substantiate its case properly. 4. In the result, the Assessee’s appeal is allowed for statistical purposes. Order pronounced in the Open Court on 25.05.2026.

Sd/- Sd/- (SANJAY AWASTHI) (MAHAVIR SINGH) ACCOUNTANT MEMBER VICE PRESIDENT

Date: 25.05.2026 SRBhatnaggar Copy forwarded to: - 1. Appellant 2. Respondent 3. DIT 4. CIT (A) 5. DR, ITAT TRUE COPY By Order,

Assistant Registrar, ITAT, Delhi Bench

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