SAILESH SINGH,INDIA vs. ITO, WARD 1(1) SILIGURI, INDIA

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ITA 403/KOL/2026Status: DisposedITAT Kolkata29 July 2026AY 2020-213 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT(A) passed the order ex-parte and without deciding all grounds of appeal on merits. In the interest of natural justice, the matter was remanded back to the CIT(A).

What were the facts?

The assessee's appeal was dismissed by the CIT(A) without providing an opportunity of being heard. The assessment order was passed under Section 147 of the Income Tax Act, 1961.

What were the issues?

Whether the CIT(A) violated principles of natural justice by dismissing the appeal ex-parte. Whether all grounds of appeal were decided on merits by the CIT(A).

Which sections of the Income-tax Act were involved?

Section 147,Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH,

Before: SHRI YOGESH KUMAR U.S. & SHRI RAKESH MISHRA

For Appellant: Ms. Lata Goel, AR
For Respondent: Shri Sandip Mandal, Sr. DR
Hearing: 27.07.2026Pronounced: 29.07.2026

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.403/KOL/2026 Assessment Year: 2020-21

Sailesh Singh Vs. ITO, Ward-1(1), Siliguri House No.27, Ward No.15, Naya basty, Champsari, Siliguri West Bengal-734003 [PAN: EKIPS8178H] APPELLANT RESPONDENT Appellant by : Ms. Lata Goel, 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 11.11.2025, passed u/s 250 of the Income Tax Act, 1961 (“the Act”, for short) for the Assessment Year 2020-21.

2.

Brief facts of the case are that, an Assessment Order came to be passed u/s 147 of the Act on 24.01.2025 by making certain additions. Aggrieved by the Assessment Order dated 24.01.2025, Assessee preferred an Appeal before the Ld. CIT(A). The Ld. CIT(A) vide Order dated 11.11.2025, dismissed the Appeal of the Assessee. As against

ITA No.403/KOL/2026 Sailesh Singh; A.Y: 2020-21 the order of the Ld. CIT(A) dated 11.11.2025, Assessee filed the present Appeal.

3.

The Ld. Counsel for the Assessee vehemently submitted that the Ld. CIT(A) has provided no opportunity of being heard to the Assessee and in violation of principals of natural justice, dismissed the appeal of the Assessee.

4.

Per contra, the Ld. Ld. Departmental Representative relying on the orders of the Ld. CIT(A) sought for dismissal of the Appeal.

5.

We have heard both the parties and perused the material available on record. It can be seen from the order of the Ld. CIT(A), the impugned order has been passed ex-parte without hearing the Assessee. It is further observed that while deciding the Appeal, the Ld. CIT(A) has not decided all the grounds of Appeal of the Assessee on its merits. Considering the facts that the Assessee has not participated in the first Appellate proceedings, in the interest of natural justice, we remand the matter to the file of the Ld. CIT(A) with a direction to the Ld. CIT(A) to decide the Appeal afresh on its merits in accordance with law after providing opportunity of being heard to the Assessee.

ITA No.403/KOL/2026 Sailesh Singh; A.Y: 2020-21 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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