RAJAVEL SUGANTHI,NAMAKKAL vs. ACIT, CIRCLE-1,, ERODE
What did the Tribunal hold?
The tribunal found that the Ld.CIT(A) passed an ex parte order in violation of Section 250(6) of the Income Tax Act. Therefore, the order was set aside and the appeal was restored to the Ld.CIT(A) for a fresh decision on merits.
What were the facts?
The assessee appealed against an ex parte order passed by the Ld.CIT(A) without considering the legal and merits of the case. The assessee claimed to have missed some notices due to technical glitches.
What were the issues?
Whether an ex parte order passed by the Ld.CIT(A) without deciding the grounds of appeal on merits is valid. Whether the assessee should be granted another opportunity to present their case.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI
Before: SHRI ABY T. VARKEY & SHRI INTURI RAMA RAO
आदेश / O R D E R PER ABY T. VARKEY, JM: This is an appeal preferred by the assessee against the order of the Learned Commissioner of Income Tax (Appeal)/NFAC, (hereinafter referred to as the ‘Ld.CIT(A)‘), Delhi, dated 27.01.2026 for the Assessment Year (hereinafter referred to as ‘AY ‘) 2019-20 u/s.147 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act ‘).
ITA No. 905 /Chny/2026 (AY 2019-20) Rajavel Suganthi :: 2 :: 2. The main grievance of the assessee is against action of the Ld.CIT(A) who has passed an ex parte order without going into the legal issue as well as on the merits of the case. Since we note that the Ld.CIT(A) has passed the order ex parte without going into the merits of the grounds of appeal raised by the assessee, it is in violation of sub- section (6) of section 250 of the Income Tax Act, 1961 (hereinafter in short “the Act. According to the assessee, though he received two notices of hearing wherein he sought adjournment, due to some glitches in the internet/digital/computer he didn’t receive the other two notices which Ld.CIT(A) claims to have issued to the assessee. Therefore, he prays for one more opportunity before the Ld.CIT(A). However, the Ld.DR does not want us to give one more inning to the assessee.
Having heard both the parties and after perusal of records, we note that impugned order of the Ld.CIT(A) is an ex parte order qua assessee. We note that the Ld.CIT(A) has not decided the grounds of appeal on merits as required u/s.250(6) of the Act. In such circumstances, for the ends of justice and fair play, we set aside the impugned order of the Ld.CIT(A) and restore the appeal back to the file of the Ld.CIT(A) with a direction to decide the appeal on the legal issue/merits after hearing the assessee. The assessee is also directed to be diligent and file relevant documents/written submissions before the Ld.CIT(A); and the Ld.CIT(A)
ITA No. 905 /Chny/2026 (AY 2019-20) Rajavel Suganthi :: 3 :: to decide the grounds of appeal as per sub-section (6) of sec.250 of the Act.
In the result, appeal filed by the assessee is allowed for statistical purposes.
Order pronounced on the 25th day of May, 2026, in Chennai.
Sd/- Sd/- (इंटूरी रामा राव) (एबी टी. वर्की) (INTURI RAMA RAO) (ABY T. VARKEY) लेखा सदस्य/ACCOUNTANT MEMBER न्यानयक सदस्य/JUDICIAL MEMBER चेन्नई/Chennai, ददनाांक/Dated: 25th May, 2026. KB आदेश की प्रनतललपप अग्रेपर्त/Copy to: 1. अपीलार्थी/Appellant 2. प्रत्यर्थी/Respondent 3. आयकरआयुक्त/CIT, Chennai / Madurai / Salem / Coimbatore. 4. ववभागीयप्रविविवि/DR 5. गार्डफाईल/GF
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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