DEVENDRA NAVALE,VAPI vs. ITO, WARD DAMAN, DAMAN

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ITA 288/SRT/2026Status: PendingITAT Surat28 October 2026AY 2023-244 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the matter to the file of the Ld. CIT(A) for adjudication afresh. The reasoning was based on the principle of natural justice and the fact that no prejudice would be caused to the revenue. The Tribunal directed the Ld. CIT(A) to provide the assessee with a necessary opportunity of hearing and to pass an appropriate order, uninfluenced by the earlier order. The assessee was also directed to be vigilant and ensure participation in future hearings without seeking unnecessary adjournments. The Ld. CIT(A) was granted liberty to proceed in accordance with law if the assessee failed to comply. The appeal was allowed for statistical purposes.

What were the facts?

The assessee, Devendra Navale, an individual with income mainly from salary, filed a return of income for Assessment Year 2023-24 declaring Rs. 20,30,390/-. A revised return was also filed with the same income and a refund claim of Rs. 11,39,450/-. The case was selected for scrutiny, and the Assessing Officer (AO) completed the assessment determining the total income at Rs. 51,30,205/-. The assessee appealed to the Commissioner of Income-Tax (Appeals) [CIT(A)], who dismissed the appeal for non-prosecution, upholding the AO's order. The assessee then filed an appeal before the Income Tax Appellate Tribunal (ITAT).

What were the issues?

1. Whether the order of the Ld. CIT(A) dismissing the assessee's appeal for non-prosecution, thereby upholding the AO's order, is sustainable in law, considering the assessee's submission of bona fide reasons for non-prosecution due to short notice periods and service via email? Assessee's Contention: The Ld. AR for the assessee argued that the Ld. CIT(A) passed an ex-parte order due to non-prosecution, which was due to bona fide reasons. The hearings were fixed within a short span, and notices were served via email, not physical mode. The assessee possesses all relevant documents and is ready to make an effective representation. They prayed for restoration of the matter to the Ld. CIT(A) for a fresh adjudication in the interest of justice. Revenue's Contention: The Ld. DR for the revenue did not oppose the prayer for restoration but submitted that the assessee was non-compliant during the first appellate proceedings, leading to the ex-parte order. They requested appropriate directions for strict compliance by the assessee upon restoration.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SURAT BENCH, SURAT

Before: MS. SUCHITRA KAMBLE & SHRI B.M. BIYANI

For Appellant: Ms. Deepa Khare, Advocate
For Respondent: Shri Ashish Kumar, Sr. (DR)
Hearing: 22.10.2026Pronounced: 28.10.2026

आदेश / O R D E R Per B.M. Biyani, A.M.:

Feeling aggrieved by the order of first-appeal dated 24.12.2025 passed by Learned Commissioner of Income-Tax (Appeals)-NFAC, Delhi [“Ld. CIT(A)”], which in turn arises out of the assessment-order dated 10.02.2025 passed by Learned Assessment Unit of Income-tax Department [“Ld. AO”] u/s 143(3) r.w.s. 144B of Income-tax Act, 1961 [“the Act”] for Assessment-Year [“AY”] 2023-24, the assessee has filed this appeal on the grounds mentioned in Appeal Memo (Form No. 36).

2.

The background facts leading to present appeal are such that the assessee is an individual having income mainly from salary. The assessee filed his original return of income of AY 2023-24 declaring a total income of Rs. 20,30,390/- but subsequently filed revised return of income declaring a total income of Rs. 20,30,390/- with a refund claim of Rs. 11,39,450/-. The case of assessee was selected for scrutiny assessment and the Ld. AO issued notices u/s 143(2)/142(1) which were complied with by the assessee. Ultimately, the Ld. AO completed assessment determining total income at Rs. 51,30,205/- as against returned income of Rs. 20,30,390/-. Aggrieved, the assessee carried matter in first-appeal whereupon the Ld. CIT(A) dismissed assessee’s appeal for non-prosecution and upheld AO’s order. Still aggrieved, the assessee has come in present appeal before us.

3.

Ld. AR for assessee submitted that in present case, the Ld. CIT(A) passed ex-parte order dismissing assessee’s first appeal and merely approving the order of Ld. AO, although due to non-prosecution by assessee on the dates of hearing, but the non-prosecution by assessee was due to a bona fide reason as the Ld. CIT(A) fixed hearings during a short span of time-period (on 18.08.2025, 17.11.2025 and 27.11.2025) and the hearing notices were also served through e-mail and not in physical mode. Therefore, Ld. AR prayed, the impugned order of first-appeal passed by Ld.

CIT(A) deserves to be aside. He submitted that the assessee is in his possession, all relevant details and documents and ready to make an effective representation before Ld. CIT(A). He prayed that in the interest of justice, one more opportunity be given to assessee by way of restoring this matter at the level of Ld. CIT(A). He acknowledged that the assessee shall definitely make a proper and effective representation before Ld. CIT(A).

4.

The Ld. DR for revenue, though not opposing the prayer of the assessee for restoration, submitted that the assessee had remained non- compliant during the proceedings of first-appeal, which constrained the Ld. CIT(A) to pass ex-parte order. It was, therefore, submitted that while restoring the matter, appropriate directions may be issued to ensure strict compliance by the assessee.

5.

Considering the above submissions of parties; having regard to the principle of natural justice and also bearing in mind that no prejudice would be caused to revenue if the present matter is restored at the level of Ld. CIT(A), we restore this matter to the file of Ld. CIT(A) for adjudication afresh, at the risk and responsibility of assessee. The Ld. CIT(A) shall give necessary opportunity of hearing to assessee and pass an appropriate order uninfluenced by his earlier order. The assessee is also directed to remain vigilant and ensure participation in the hearings as may be fixed by Ld. CIT(A) without seeking unnecessary adjournments failing which the Ld.

CIT(A) shall be at liberty to proceed in accordance with law. Ordered accordingly.

6.

In result, this appeal is allowed for statistical purposes.

Order pronounced in open court on 28/10/2026

Sd/- Sd/- (SUCHITRA KAMBLE) (B.M. BIYANI) JUDICIAL MEMBER ACCOUNTANT MEMBER //True Copy// Surat िदनांक /Dated : 28/10/2026 Patel/Sr. PS Copies to: (1) The appellant HEMA (2) The respondent Digitally signed by (3) CIT HEMA KISHORE JAKKA KISHORE (4) CIT(A) Date: 2026.10.29 (5) Departmental Representative JAKKA 17:15:27 +05'30' (6) Guard File By order UE COPYAssistant Registrar Income Tax Appellate Tribunal Surat Bench, Surat

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