CARNATION PROJECTS PVT. LTD.,DELHI vs. ASSISTANT COMMISSIONER OF INCOME TAX, NEW DELHI

PDF · subscribers
ITA 2423/DEL/2026Status: DisposedITAT Delhi02 July 2026AY 2016-20173 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted the assessee's reluctance but, in the interest of natural justice, decided to grant a last opportunity. The matter was remitted back to the CIT(A) for adjudication after providing the assessee with an adequate opportunity of hearing.

What were the facts?

The assessee filed appeals before the CIT(A) for multiple assessment years. The CIT(A) dismissed the appeals in default without observing the principles of natural justice, as the assessee did not respond to notices.

What were the issues?

Whether the CIT(A) erred in passing an ex-parte order without adhering to the principles of natural justice.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘C’ : NEW DELHI

Before: SHRI S. RIFAUR RAHMAN & SHRI SUNIL KUMAR SINGH

For Appellant: Shri Sumit Gupta, CA
For Respondent: Shri Vikram Singh Sharma, CIT(DR)
Hearing: 02.07.2026Pronounced: 02.07.2026

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘C’ : NEW DELHI)

BEFORE SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER AND SHRI SUNIL KUMAR SINGH, JUDICIAL MEMBER ITA Nos. 2421, 2422, 2423 & 2424/Del/2026 Asstt. Years : 2014-15, 2015-16, 2016-17 & 2017-18 M/S CARNATION PROJECTS (P) LTD., VS. ACIT, CC-28, NEW DELHI C/O SANJEEV ANAND & ASSOCIATES, 136, NAVYUG MARKET, GHAZIABAD -201001 UTTAR PRADESH [PAN: AACCC7691J] (Appellant) (Respondent) Appellant by : Shri Sumit Gupta, CA Respondent by : Shri Vikram Singh Sharma, CIT(DR)

Date of Hearing 02.07.2026 Date of Pronouncement 02.07.2026

ORDER PER SUNIL KUMAR SINGH, JM : 1. These 04 appeals have been filed by the Assessee against the respective impugned orders, all dated 25.8.2025 passed by the Ld. Commissioner of Income Tax (Appeals-25), New Delhi [hereinafter referred to as the ‘CIT(A)’] u/s. 250 of the Income Tax Act, 1961 (hereinafter referred to as “Act”) for the Assessment Years (AYs) 2014-15 to 2017-18 respectively. In all these appeals common question of issues and facts are involved, hence, for the sake of convenience and brevity, these appeals are being decided by this common order, by dealing with ITA No. 2421/Del/2026 (AY 2014-15), wherein, Ld. CIT(A) has dismissed assessee’s appeal in default of the assessee.

ITA No. 2421/Del/2026 (AY 2014-15) 2. This appeal has been preferred on the grounds, in addition to others that the Ld. CIT(A) has erred in passing exparte impugned order without observing the principles of natural justice. 3. Ld. CIT(DR) supported the orders of the authorities below. 4. Perused the records and heard Ld. Representative for the Appellant-Assessee and Ld. CIT(DR) for the Respondent-Revenue. We notice that assessee did not respond to the various notices issued by the Ld. First Appellate Authority, therefore, Ld. CIT(A) passed exparte impugned order by dismissing the appeal in default of assessee on merits. The reluctant attitude of the assessee cannot be appreciated. However, in the interest of natural justice and fair play, we deem it fit and proper to afford last opportunity to the assessee and thus remit the matter back to the file of the Ld. CIT(A) for adjudication afresh after affording adequate opportunity of hearing to assessee. We further direct the assessee to be diligent and cooperative in attending the hearings and making submissions before the Ld. CIT(A) for the expeditious and effective disposal of the appeal. Also, assessee should refrain from seeking any adjournment except for compelling and unavoidable circumstances. Needless to say that the Ld. CIT(A) shall ensure the observance of the principles of natural justice. It is made clear that we have not made any observation in respect of the merits of the case. Accordingly, the appeal of the assessee is liable to be allowed for statistical purposes. ITA No. 2422, 2423 & 2424/Del/2026 (AYrs. 2015-16, 2016-17 & 2017-18) 5. The facts of these appeals are identical to the facts of ITA No. 2421/Del/2026 (AY 2014-15). Hence, our findings given in ITA NO. 2421/Del/2026 (AY 2014-15) will mutatis mutandis apply to these appeals also. Accordingly, these appeals of

the Assesse are also liable to be allowed for statistical purposes.

2 | P a g e

6.

In the result, all the Assessee’s appeals ITA No. 2421, 2422, 2423 & 2424/Del/2026 stand allowed for statistical purposes.

Order pronounced in the Open Court on 02.07.2026.

SD/- SD/- (S. RIFAUR RAHMAN) (SUNIL KUMAR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER

Date: 02.07.2026 SRBhatnaggar Copy forwarded to: - 1. Appellant 2. Respondent 3. DIT 4. CIT (A) 5. DR, ITAT TRUE COPY By Order,

Assistant Registrar, ITAT, Delhi Bench

3 | P a g e

Recent GST High Court judgments

Search GST case law →