DEEPAK THAKRAN,SONIPAT vs. INCOME TAX OFFICER, SONIPAT
What did the Tribunal hold?
The tribunal found that the NFAC passed an ex-parte order without independent findings. Therefore, to ensure justice, the appeal was restored to the NFAC for a fresh adjudication.
What were the facts?
The assessee filed an appeal before the National Faceless Appeal Centre (NFAC) against an assessment order. The NFAC passed an ex-parte order without adjudicating the issue on merits.
What were the issues?
Whether the NFAC was justified in passing an ex-parte order without considering the merits of the case.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI
Before: SHRI M BALAGANESH
PER SHRI M BALAGANESH, ACCOUNTANT MEMBER: The appeal in ITA No.4365/Del/2026 for AY 2012-13, arises out of the 1. order of the ld National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as ‘ld. CIT(A)’, in short] dated 06.10.2025 against the order of assessment passed u/s 143(3) r.w.s. 147 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 06.12.2016 by the Assessing Officer, ITO, Ward-1, Sonepat (hereinafter referred to as ‘ld. AO’).
The preliminary issue to be decided in this appeal is as to whether the 2. Learned NFAC was justified in passing an exparte order in the facts and circumstances of the instant case.
ITA 4365/DEL/2026 DEEPAK THAKRAN
We have heard the rival submissions and perused the materials 3. available on record. Further, on going through the grounds raised by the assessee and the order of the National Faceless Appeal Centre (NFAC), we find that the ld NFAC had decided the issue ex parte without adjudicating the issue on merits giving its independent finding. Hence, in the interest of justice and fairplay we deem it fit and appropriate to restore this appeal to file of ld NFAC for de novo adjudication in accordance with law. Needless to mention the assessee be given reasonable opportunity of being heard. The assessee is directed to cooperate with ld NFAC for expeditious disposal of the appeal by not taking unwarranted adjournments. Hence, the grounds raised by the assessee are allowed for statistical purposes.
In the result, the appeal of the assessee is allowed for statistical 4. purposes.
Order pronounced in the open court on 10-July-2026.
-Sd/- M BALAGANESH ACCOUNTANT MEMBER Delhi Dated: 24/08/2026 AK Keot Copy to: DEEPAK THAKRAN, 497/22, PRABHU NAGAR, SONIPAT, 1 SONIPAT-131001, HARYANA INCOME TAX OFFICER, 2 INCOME TAX OFFICE, SONIPAT, SONIPAT-131001, HARYANA 3 THE PCIT / CIT, 4 THE D.R., ITAT, DELHI BENCH 5 GUARD FILE
ITA 4365/DEL/2026 DEEPAK THAKRAN
More judgments on Section 147
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- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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