ZUBAIR MUKHTAR KHAN,MUMBAI vs. ITO-20(3)(1), MUMBAI

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ITA 4416/MUM/2026Status: DisposedITAT Mumbai23 June 2026AY 2020-213 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the ex parte order of the CIT(A) and restored the matter for fresh adjudication. The CIT(A) was directed to decide the appeal on merits after providing the assessee with an effective opportunity of hearing.

What were the facts?

The assessee's appeal before the CIT(A) was disposed of ex parte. The assessee contended that due to bona fide reasons, they could not respond effectively to notices and were denied a proper opportunity of being heard.

What were the issues?

Whether the assessee was denied a proper opportunity of hearing before the CIT(A) leading to an ex parte order.

Which sections of the Income-tax Act were involved?

Section 147,Section 144B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “E” BENCH MUMBAI

Before: SHRI AMIT SHUKLA & SHRI GIRISH AGRAWAL

Hearing: 17.06.2026Pronounced: 23.06.2026

IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH MUMBAI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ITA No. 4416/MUM/2026 Assessment Year: 2020-21 Zubair Mukhtar Khan Income Tax Officer – 20(3)(1), Block No. 603, 6th Floor, Mumbai Mazgaon Apartment, Dr. Mescherans Road, Vs. Mumbai – 400 010 (PAN : AACPK7047H) (Appellant) (Respondent) Present for: Assessee : Ms. Nidhi Goradi, CA Revenue : Smt. Sujatha Iyyanger, Sr. DR Date of Hearing : 17.06.2026 Date of Pronouncement : 23.06.2026 O R D E R PER GIRISH AGRAWAL, ACCOUNTANT MEMBER: This appeal filed by the assessee is against the order of Ld. CIT(A), NFAC, Delhi, vide order no. ITBA/NFAC/S/250/2025- 26/1086070876(1), dated 16.02.2026, passed against the assessment order by Assessment Unit, u/s. 147 r.w.s. 144B of the Income-tax Act, 1961 (hereinafter referred to as the “Act”), dated 20.03.2025, for Assessment Year 2020-21.

2.

The primary grievance raised before us is that the first appeal has been disposed of without effective representation on behalf of the assessee. It has been submitted that due to bona fide and genuine reasons, the assessee could not properly respond to the notices issued

2 ITA No. 4416/Mum/2026 Zubair Mukhtar Khan AY 2020-21

during the course of the appellate proceedings and, consequently, was deprived of an adequate opportunity of presenting its case before the learned CIT(A). It has, therefore, been pleaded that in the interest of substantial justice, the matter may be restored to the file of the learned CIT(A) for fresh adjudication on merits after affording due and effective opportunity of hearing. For the notice issued by ld. CIT(A) fixing the dates of hearing, assessee sought adjournment on all the occasions. Ld. Counsel for the assessee submitted that though there is a failure on the part of the assessee on non-compliance yet all these notices were issued within a short span of one month and therefore, a reasonable opportunity of being heard was not made available to the assessee.

3.

The learned Departmental Representative fairly submitted that she would have no serious objection if the matter is restored to the file of the learned CIT(A) for fresh consideration.

4.

Having considered the rival submissions and the material placed on record, we are of the opinion that the ends of justice would be met if the impugned ex parte order is set aside and the matter is restored to the file of the learned CIT(A) for adjudication afresh in accordance with law. Accordingly, the impugned order of the learned CIT(A) is set aside and the matter is restored to his file with a direction to decide the appeal afresh on merits and in accordance with law after affording due and effective opportunity of hearing to the assessee. The assessee is also directed to extend full cooperation in the appellate proceedings. Since the appeal pertains to an old assessment year and has already remained pending for a considerable period, and further the matter is being restored on account of the bona fide reasons explained by the assessee without adjudication on merits, we deem it appropriate to observe that

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the learned CIT(A) shall endeavour to dispose of the appeal as expeditiously as possible in accordance with law. We make it clear that we have not expressed any opinion on the merits of the issues involved and all contentions are left open.

5.

In the result, the appeal is allowed for statistical purposes.

Order is pronounced in the open court on 23 June, 2026

Sd/- Sd/- (Amit Shukla) (Girish Agrawal) Judicial Member (Accountant Member) Dated: 23rd June, 2026 MP, Sr.P.S. Copy to : 1 The Appellant 2 The Respondent 3 DR, ITAT, Mumbai 4 Guard File 5 CIT BY ORDER,

(Dy./Asstt.Registrar) ITAT, Mumbai

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