BHARATBHAI JENTIBHAI BHALALA,RAJKOT vs. INCOME TAX OFFICER, WARD-2(1)(1), RAJKOT
What did the Tribunal hold?
The Tribunal found that the CIT(A) order was ex-parte and non-speaking, violating the principles of natural justice. The matter was restored to the CIT(A) for de novo adjudication after providing the assessee with a sufficient opportunity to be heard.
What were the facts?
The assessee's appeal against an ex-parte order of the CIT(A) was heard. The assessee contended that they were not given an opportunity to represent their case before the CIT(A), leading to a violation of natural justice.
What were the issues?
Whether the ex-parte order passed by the CIT(A) violated the principles of natural justice and if the matter should be remanded for fresh adjudication.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, SMC
Before: Dr. Arjun Lal Saini
आयकर अपील�य अ�धकरण, राजकोट �यायपीठ, राजकोट। In The Income Tax Appellate Tribunal, (SMC) Rajkot Bench, Rajkot
Before Dr. Arjun Lal Saini, Accountant Member आयकरअपीलसं./ITA No. 279/RJT/2026 (�नधा�रणवष�/Assessment Year: (2019-20) Bharatbhai Jentibhai Bhalala Income Tax Officer, Ward-2(1)(1): Ambica Park St. No. 1, "Shree Ram”, Aaykar Bhavan, Race Course Road, Vs. Kuvadava Road, B/H Gurudev Park Rajkot Gujarat 360001 Rajkot 360003, Gujarat India �थायीलेखासं./जीआइआरसं./PAN/GIR No.: AOSPB6416K (अपीलाथ�/Assessee) (��यथ�/Respondent) Assessee by : Shri Samir Bhuptani, Ld. AR Respondent by : Shri Abhimanyu Singh Yadav, Ld. Sr. DR Date of Hearing : 23/03/2026 Date of Pronouncement : 07/05/2026
ORDER Per, Dr. Arjun Lal Saini, A.M.:
Captioned appeal filed by the assessee, pertaining to Assessment Year 2019-20, is directed against the order passed under section 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) by National Faceless Appeal Centre (NFAC), Delhi/Commissioner of Income-tax (Appeals), dated 29.12.2025, which in turn arises out of an order passed by the Assessing Officer u/s 147 of the Act, on 28.03.2024.
At the outset itself, the ld. Counsel for the assessee assailed the impugned order by contending that the assessee could not represent his case before Ld. CIT(A) and
ITA No. 279/Rjt/2026 Bharatbhai J. Bhalala the order being an ex-parte order, stood vitiated on account of violation of principle of natural justice. The ld. Counsel for the assessee contended that in the interest of justice, another opportunity to contest the appeal before the Ld. first appellate authority may be granted to the assessee.
On the other hand, the ld. DR for the Revenue did not raise any objection, if the matter is restored back to the file of the Ld.CIT(A).
I have heard both the parties and carefully gone through the submission put forth on behalf of the assessee along with the documents furnished and the case laws relied upon, and perused the fact of the case including the findings of the ld. CIT(A) and other materials brought on record. I note that in the assessee’s case under consideration, the assessment was carried out u/s 147 the Act and the impugned order passed by the ld. CIT(A), is an ex-prate order and non-speaking order, therefore, I do not wish to make any comments on the merits of the grounds raised by the assessee. Considering the above facts, I note that assessee has not given sufficient opportunity of being heard and could not plead his case successfully before the ld. CIT(A). I note that the ld. CIT(A) did not discuss the assessee’s case on merits based on the material available before him hence it is a violation of principle of natural justice. I note that it is settled law that principles of natural justice and fair play require that the affected party is granted sufficient opportunity of being heard to contest his case. Therefore, without delving much deeper into the merits of the case, in the interest of justice, I restore the matter back to the file of Ld. CIT(A)for de novo adjudication and pass a speaking order after affording sufficient opportunity of being heard to the assessee, who in turn, is also directed to contest his stand forthwith. Therefore, I deem it fit and proper to set aside the order of the ld. CIT(A)
ITA No. 279/Rjt/2026 Bharatbhai J. Bhalala and remit the matter back to the file of the Ld. CIT(A) to adjudicate the issue afresh on merits. For statistical purposes, the appeal of the assessee is treated as allowed.
In the result, the appeal of the assessee is allowed for statistical purposes.
Order is pronounced in the open court on 07/05/2026.
Sd/- (Dr. Arjun Lal Saini) लेखा सद�य/Accountant Member राजकोट/Rajkot िदनांक/ Date: 07/05/2026 Copy of the order forwarded to : 1. The assessee 2. The Respondent 3. CIT 4. The CIT(A) 5. DR, ITAT, RAJKOT 6. Guard File By order //True Copy// Assistant Registrar/Sr. PS/PS ITAT, Rajkot
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
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- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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