ALOK KUMAR CHOUDHURI,BIRBHUM vs. I.T.O., WARD - 3(2), KOLKATA
What did the Tribunal hold?
The ITAT found that the CIT(A) had not decided all grounds of appeal on merits and had violated principles of natural justice. Therefore, the issue was restored to the Assessing Officer for de-novo assessment.
What were the facts?
The assessee appealed to the CIT(A) against an assessment order. The CIT(A) dismissed the assessee's appeal. The assessee then filed a further appeal before the ITAT.
What were the issues?
Whether the CIT(A) properly adjudicated all grounds of appeal and followed principles of natural justice.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH,
Before: SHRI YOGESH KUMAR U.S. & SHRI RAKESH MISHRA
IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, KOLKATA BEFORE SHRI YOGESH KUMAR U.S., JUDICIAL MEMBER AND SHRI RAKESH MISHRA, ACCOUNTANT MEMBER ITA No.1450/KOL/2026 Assessment Year: 2017-18
Alok Kumar Choudhuri Vs. ITO, Ward-3(2), Birbhum Khairasol, Birbhum, West Bengal-731125 [PAN: ACKPC6206C] APPELLANT RESPONDENT Appellant by : Shri Manoj Kataruka, AR Respondent by : Shri Sandip Mandal, Sr. DR Date of hearing : 27.07.2026 Date of Pronouncement : 29.07.2026 O R D E R PER YOGESH KUMAR U.S., JUDICIAL MEMBER: This Appeal is filed by the Assessee against the order of the NFAC, Delhi (‘Ld. CIT(A)’ for short) dated 18.06.2025, passed u/s 250 of the Income Tax Act, 1961 (“the Act”, for short) for the Assessment Year 2017-18.
Brief facts of the case are that, an Assessment Order came to be passed u/s 143(3) of the Act on 29.12.2019 by making certain additions. Aggrieved by the Assessment Order dated 29.12.2019, Assessee preferred an Appeal before the Ld. CIT(A). The Ld. CIT(A) vide Order dated 18.06.2025, dismissed the Appeal of the Assessee. As
ITA No.1450/KOL/2026 Alok Kumar Choudhuri; A.Y: 2017-18 against the order of the Ld. CIT(A) dated 18.06.2025, Assessee filed the present Appeal.
The Ld. Counsel for the assessee submitted that the Ld. CIT(A) has not decided the grounds of the appeals of the assessee and the orders impugned came to be passed in violation of principals of natural justice. Thus, sought for allowing the Appeal.
Per contra, the Ld. DR relying on the order impugned, sought for dismissal of the Appeal.
We have heard both the parties and perused the material available on record. The Ld. CIT(A) has not decided all the grounds of Appeal on its merits except reproducing several judicial precedents, the Ld. CIT(A) has not adjudicated the issue involved in the Appeal. Considering the fact that Assessee has not made full compliance before the Assessing Officer, in the interest of justice, we deem it fit to restore the issue to the file of the Assessing Officer for de-novo assessment. Needless to say, the Assessing Officer shall provide opportunity of being heard to the assessee before passing the assessment order in accordance with law. The assessee is also directed to participate in assessment proceedings without fail.
ITA No.1450/KOL/2026 Alok Kumar Choudhuri; A.Y: 2017-18 6. In the result, Appeal of the Assessee is partly allowed for statistical purposes.
Order pronounced on 29.07.2026. Sd/- Sd/- (RAKESH MISHRA) (YOGESH KUMAR U.S.) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 29.07.2026 DP, PS Copy of the order forwarded to: 1. Appellant 2. Respondent 3. Pr. CIT 4. CIT(A) 5. CIT(DR) //TRUE COPY//
ASSISTANT REGISTRAR KOLKATA BENCHES, KOLKATA
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