MANJUDEVI N MUNDHRA,MUMBAI vs. ITO, WARD 41 (4) (2), KOTILYA BHAVAN

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ITA 3933/MUM/2026Status: DisposedITAT Mumbai18 June 2026AY 2013-144 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the ex parte order of the CIT(A) and restored the matter to the CIT(A)'s file for fresh adjudication on merits. The assessee was directed to cooperate, and the CIT(A) was asked to dispose of the appeals expeditiously.

What were the facts?

The assessee's appeals were disposed of ex parte by the CIT(A) due to the assessee's inability to respond to notices for bona fide reasons. The assessee requested the matter be restored for a fresh adjudication.

What were the issues?

Whether the appeals were rightly disposed of ex parte without affording the assessee an effective opportunity of hearing.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘E’ BENCH

Before: SHRI AMIT SHUKLA & SHRI GIRISH AGRAWAL

For Respondent: Smt. Sujatha Iyyanger
Hearing: 15/06/2026Pronounced: 18/06/2026

आदेश / O R D E R PER GIRISH AGRAWAL (A.M): The present appeals have been preferred by the assessee against the impugned orders dated 05.02.2026 and 06.02.2026 passed by the National Faceless Appeal Centre, Delhi for the quantum of assessment passed u/s. 143(3)r.w.s.

2 ITA No.3933& 3934/Mum/2026 Manjudevi N Mundhra 147 of the Income Tax Act, 1961 for the A.Yrs.2013-14 & 2014-15.

2.

The primary grievance raised before us is that the appeals have been disposed of without effective representation on behalf of the assessee. It has been submitted that due to bona fide and genuine reasons, the assessee could not properly respond to the notices issued during the course of the appellate proceedings and, consequently, was deprived of an adequate opportunity of presenting its case before the learned CIT(A). It has, therefore, been pleaded that in the interest of substantial justice, the matter may be restored to the file of the learned CIT(A) for fresh adjudication on merits after affording due and effective opportunity of hearing.

3.

None appeared on behalf of the assessee.

4.

The learned Departmental Representative fairly submitted that he would have no serious objection if the matter is restored to the file of the learned CIT(A) for fresh consideration.

5.

Having considered the submissions of the ld. DR and the material placed on record, we are of the opinion that the ends of justice would be met if the impugned ex parte order is set aside and the matter is restored to the file of the learned

3 ITA No.3933& 3934/Mum/2026 Manjudevi N Mundhra CIT(A) for adjudication afresh in accordance with law. Accordingly, the impugned order of the learned CIT(A) is set aside and the matter is restored to his file with a direction to decide the appeals afresh on merits and in accordance with law after affording due and effective opportunity of hearing to the assessee. The assessee is also directed to extend full cooperation in the appellate proceedings. Since the appeals pertain to an old assessment year and has already remained pending for a considerable period, and further the matter is being restored on account of the bona fide reasons explained by the assessee without adjudication on merits, we deem it appropriate to observe that the learned CIT(A) shall endeavour to dispose of the appeals as expeditiously as possible in accordance with law. We make it clear that we have not expressed any opinion on the merits of the issues involved and all contentions are left open.

6.

In the result, the appeals are allowed for statistical purposes.

Order pronounced on 18th June, 2026.

Sd/- Sd/- (AMIT SHUKLA) (GIRISH AGRAWAL) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 18/06/2026

4 ITA No.3933& 3934/Mum/2026 Manjudevi N Mundhra KARUNA, sr.ps Copy of the Order forwarded to : 1. The Appellant 2. The Respondent. 3. CIT 4. DR, ITAT, Mumbai 5. Guard file. //True Copy// BY ORDER,

(Asstt. Registrar) ITAT, Mumbai

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