HIND HOTELS PVT LTD,DELHI vs. ITO WARD -11(3), DELHI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal found that the CIT(A) should have provided one more opportunity to the assessee before passing an ex-parte order. Therefore, the appeal was restored to the CIT(A) for a fresh decision.
What were the facts?
The assessee's appeal before the CIT(A) was dismissed ex-parte due to non-compliance. The assessee contended that the CIT(A) did not provide a finding on merits and requested the matter be restored for fresh consideration.
What were the issues?
Whether the CIT(A) erred in dismissing the appeal ex-parte without providing adequate opportunity to the assessee.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH, ‘F’: NEW DELHI
Before: SHRI C.N. PRASAD & SHRI SANJAY AWASTHI
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, ‘F’: NEW DELHI BEFORE SHRI C.N. PRASAD, JUDICIAL MEMBER AND SHRI SANJAY AWASTHI, ACCOUNTANT MEMBER
ITA No.8318/Del/2025 [Assessment Year: 2015-16] Hind Hotels Pvt. Ltd. Vs ITO C-3/7, Ground Floor, Ward- 11(3) Safdarjung Development Delhi Area, New Delhi-110016 PAN No.AABCH3359K Appellant Respondent Appellant by Sh. K. Sampath, Advocate Sh. Vishal Sehgal, Advocate Respondent by Ms. Harpreet Kaur, Sr DR Date of Hearing 06.05.2026 Date of Pronouncement 22.05.2026 ORDER PER C.N. PRASAD, J.M. This appeal is filed by the assessee against the order of the Ld. CIT(A)/NFAC dated 03.11.2025 for the A.Y. 2015-16 in sustaining the addition made by the AO.
Ld. Counsel for the assessee at the outset submitted that the Ld. CIT(A) disposed off the appeal exparte for non compliance and without giving a finding on merits.
Ld. Counsel submitted that the matter may be restored to the file of the CIT(A) for fresh consideration.
The Ld. DR has no serious objection.
Considering the rival submissions and perusing the orders of the authorities below. We find that the Ld. CIT(A) disposed off the appeal on the ground that there is no compliance by the assessee. The table extracted in page -4 suggesting that out of four postings the assessee sought adjournment on two occasions and there was no compliance only on 23.09.2024 and 02.12.2024. However, it is observed that the order of the CIT(A) came to be passed on 03.11.2025 after a period of 11 months from the last date of hearing for non prosecution.
In our considered view the Ld. CIT(A) should have given one more opportunity to the assessee before passing the order. Thus, in the interest of justice we restore this appeal of the Ld. CIT(A) to decide the issues afresh, in accordance with law after providing adequate opportunity of being heard to the assessee.
In the result, the appeal of the assessee is allowed for statistical purpose.
Order pronounced in the open court on 22.05.2026.
Sd/- Sd/-
[SANJAY AWASTHI] [C.N. PRASAD] ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 22.05.2026 NEHA , Sr.P.S.* Copy forwarded to: 1. Appellant 2. Respondent 3. PCIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi
Recent GST High Court judgments
Search GST case law →- M/S. Arka Business Solutions vs. Principal Commissioner Of CustomsTelangana · 30 Oct 2026
- M/S. Mehra Mac Industries Private Limited vs. The Deputy State Tax OfficerTelangana · 30 Oct 2026
- Santosh Das And Anr. vs. Union Of INDIACalcutta · 30 Oct 2026
- M/S Rama Krishna Industries vs. State Of Hp And OthersHimachal Pradesh · 30 Oct 2026
- Smt Usha W/O Shri Tarun vs. Union Of INDIARajasthan · 29 Oct 2026