SANGITA AJIT WADEKAR,PUNE vs. INCOME TAX OFFICER (IT) WARD 4, PUNE
What did the Tribunal hold?
The Tribunal set aside the CIT(A)'s ex-parte order and restored the matter for fresh adjudication. The CIT(A) was directed to provide a reasonable opportunity of hearing and consider the assessee's documents.
What were the facts?
The assessee did not file a regular return of income for AY 2020-21, leading to a reopened assessment and additions by the Assessing Officer. The assessee's appeal before the CIT(A) was dismissed for non-prosecution.
What were the issues?
Whether the CIT(A) order dismissing the appeal for non-prosecution without adjudicating on merits is sustainable. The need for a fresh adjudication with proper opportunity to the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCHES “B”, PUNE
Before: DR. MANISH BORAD & SHRI PAVAN KUMAR GADALE
PER DR. MANISH BORAD, ACCOUNTANT MEMBER :
The captioned appeal at the instance of assessee is directed against the order dated 20.11.2025 passed by CIT(A), Pune-13 arising out of Assessment Order dated 24.04.2025 passed u/s.147 r.w.s.144C(3) of the Income Tax Act, 1961. 2. We have heard the rival contentions and perused the record placed before us. We observe that assessee is an individual and has not filed regular return of income for A.Y.2020-21. Based on the information available on Insight Portal, case of the assessee reopened and ld. Assessing Officer vide order dated 24.04.2025 concluded the assessment proceedings assessing the income at Rs.64,24,350/- by making various additions u/s.69, 56(2)(x),
2 Sangita Ajit Wadekar
income from other sources. Aggrieved assessee preferred appeal contesting the additions made by Assessing Officer but failed to avail the opportunities granted. Ld.CIT(A) dismissed the appeal on account of non-prosecution and now the assessee has approached this Tribunal raising certain legal issues as well as on merits. Admittedly, in the instant case the order passed by ld. CIT(A) is an exparte order, without any adjudication on merits. Further as fairly conceded by both the parties that appeal of assessee has been dismissed for non-prosecution by the ld. CIT(A), we find it appropriate to set aside the order of ld. CIT(A) and restore the matter back to his file for fresh adjudication in light of judgment of Hon'ble Mumbai High Court in the case of CIT vs. Premkumar Arjundas Luthra (HUF)- [2016] 69 taxmann.com 407 (Bombay). Needless to mention that ld.CIT(A) in the set aside proceedings shall provide reasonable opportunity of hearing to the assessee and consider the documents to be filed by the assessee. Assessee is directed to update email and contact detail on the ITBA portal. Assessee is also directed to remain vigilant and comply with the notices of hearing for effective and expeditious disposal of the proceedings before ld.CIT(A) and not to take adjournment unless otherwise required for reasonable cause, failing which the ld.CIT(A) shall be free to proceed in accordance with law. Findings of the ld.CIT(A) are set aside and effective Grounds of appeal raised by the assessee are allowed for statistical purposes.
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In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced on this 07th day of May, 2026. (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER पुणे / Pune; दिन ांक / Dated : 07th May, 2026. Satish
Satish Kumar Madishetty आदेश की प्रतिलिपि अग्रेपिि / Copy of the Order forwarded to : अपील र्थी / The Appellant. 1. प्रत्यर्थी / The Respondent.
The Pr. CIT concerned. विभ गीय प्रतितनधि, आयकर अपीलीय अधिकरण, “B” बेंच, 4. पुणे / DR, ITAT, “B” Bench, Pune. ग र्ड फ़ इल / Guard File. 5. आिेश नुस र / BY ORDER,
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