YASHODA GEMS PVT LTD ,MUMBAI vs. ACIT CENTRAL CIRCLE - II, KANPUR

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ITA 125/LKW/2026Status: DisposedITAT Lucknow20 April 2026AY 2016-174 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found the assessee's request acceptable and set aside the impugned appellate orders. The issues were restored to the Assessing Officer for denovo assessment after providing reasonable opportunities.

What were the facts?

The assessee's appeals were filed against appellate orders of the CIT(A). The assessee argued that assessment orders and appellate orders were passed without reasonable opportunity of being heard. The Revenue did not object to restoring the matter.

What were the issues?

Whether the assessment and appellate orders were passed without providing adequate opportunity of being heard, and whether the reassessment proceedings were conducted in accordance with law and jurisdiction.

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 148A,Section 151,Section 151A,Section 69A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, LUCKNOW BENCH ‘SMC’, LUCKNOW

Before: SHRI ANADEE NATH MISSHRA, ACCOUNTANT

For Appellant: Shri Ashish Jaiswal, Advocate

Heard together (4 matters)

I.T.A. No.124/Lkw/2026
I.T.A. No.125/Lkw/2026
I.T.A. No.126/Lkw/2026
I.T.A. No.127/Lkw/2026

Read from the judgment's own cause title. This page is filed under one of them.

PER ANADEE NATH MISSHRA:A.M. (A) These appeals have been filed by the assessee against the respective impugned appellate orders of learned. CIT(A). The grounds of appeals are as under: “1. That the Id.CIT(A) has failed to appreciate that the last notice fixing the hearing of the case for 29.12.2025 was issued on 22.12.2025 and the order

I.T.A. Nos.124 to 127/Lkw/2026 AYs:2015-16, 2016-17, 2018-19 & 2019-20 2

has been passed on 28.01.2026 without issuing any further notice of hearing while as per the CBDT Instruction No.20/2003 dated 23.12.2003, the order should have been passed within fifteen days from the date of hearing, the order passed ex-parte is bad in law and deserves to be quashed.

2.

That the Id.CIT(A) has erred on facts and in law in summarily dismissing the appeal ex-parte without providing proper and adequate opportunity of being heard.

3.

That the notice issued u/s 148 is in contravention of the procedure prescribed u/s 151A of the Income Tax Act, 1961 as the same has been issued by Jurisdictional Assessing Officer instead of Faceless Assessing Officer.

4.

That the Id.AO has erred in reopening the assessment u/s 147 rws 148 and completing the reassessment in violation of Explanation to Section 147 of the Income Tax Act, 1961 by making addition on account of commission other than the issue of reopening u/s 148A(b) and order passed u/s 148A(d) in consequence to approval by specified authority u/s 151 on the issue of reopening making reassessment completed without jurisdiction.

5.

That the Id.AO has erred in reopening the assessment u/s 147 rws 148 of the Income Tax Act, 1961 without jurisdiction.

6.

That the reassessment completed u/s 147 rws 143(3) of the Income Tax Act, 1961 is arbitrary, unlawful and without jurisdiction.

7.

That the Id.AO has erred in making addition of Rs. 37,18,909/- u/s 69A of the IT Act, 1961 on account commission at 2% of Rs. 18,59,45,440/-.

8.

That the order passed by the Id.AO is arbitrary and prejudice on the basis of information without independent application of mind. 9. That the reassessment order passed by the Id.AO is without jurisdiction as being without the approval of AddI.CIT as required under provision of 1488 of the Income Tax Act, 1961.”

(A.1) For the sake of convenience and brevity, these appeals are disposed of through this consolidated order.

I.T.A. Nos.124 to 127/Lkw/2026 AYs:2015-16, 2016-17, 2018-19 & 2019-20 3

(B) At the time of hearing the learned Counsel appearing for the assessee submited that the assessment orders as well as the aforesaid impugned appellate orders were passed without providing reasonable opportunities to the assessee. He submitted that the issues in dispute in these present appeals should be restored back to the file of Assessing Officer with the direction to pass denovo assessment order in accordance with law after providing reasonable opportunity to the assessee. The Learned D. R. expressed no objection to this and left the matter to the discretion of the Bench.

(B.1) Both sides have been heard. Materials on record have been perused. The request made by the learned Counsel for the assessee, to restore the issues in dispute back to the file of Assessing Officer is found to be acceptable. Accordingly, in the specific facts and circumstances of these appeals, the impugned appellate orders of the learned CIT(A) are set-aside and the issues in dispute are restored back to the file of the Assessing Officer with the direction to pass denovo assessment orders in accordance with law after providing reasonable opportunities to the assessee.

(C) All the grounds of appeals are treated as disposed of in accordance with the aforesaid directions for statistical purposes.

(D) All the appeals of assessee are treated as partly allowed for statistical purposes.

(Order was pronounced in the open court on 20/04/2026)

Sd/- (ANADEE NATH MISSHRA) Date : 20/04/2026 Accountant Member

I.T.A. Nos.124 to 127/Lkw/2026 AYs:2015-16, 2016-17, 2018-19 & 2019-20 4

Dated: SK, Sr.PS

Copy of the order forwarded to : 1. The Appellant 2. The Respondent. 3. Concerned CIT 4. D.R., I.T.A.T., 5. CIT(A)

Senior Private Secretary Income Tax Appellate Tribunal Lucknow

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