SAMEER PANDHARINATH DHURI,MUMBAI vs. INCOME TAX DEPARTMENT , MUMBAI
What did the Tribunal hold?
The Tribunal held that the CIT(A) had not provided an effective opportunity of hearing to the assessee, which is against the principle of natural justice. While the CIT(A) noted issuing three notices dated 20.12.2014, 06.01.2025, and 15.01.2025, the Tribunal found no proof of service of these notices upon the assessee. The Tribunal referred to Section 250(2)(a) of the Income Tax Act, 1961, stating that the right to be heard is not a mere formality but an essential requirement for upholding natural justice. The Tribunal concluded that the impugned order suffered from illegality and resulted in a miscarriage of justice because no effective opportunity of hearing was granted. Consequently, the Tribunal set aside the impugned order and allowed the appeal, restoring the matter to the file of the CIT(A) for providing an effective hearing to the assessee within 60 days. The appeal was allowed for statistical purposes.
What were the facts?
The assessee, Sameer Pandharinath Dhuri, an individual, did not file a return of income for Assessment Year (AY) 2016-17. Information from the Income Tax Department portal indicated a purchase of immovable property for Rs. 1,40,32,375, salary of Rs. 76,000, and commissions of Rs. 3,937. A notice under section 148 was issued on March 11, 2023. The assessee subsequently filed a return declaring a total income of Rs. 1,52,980. The Assessing Officer (AO) noted credits from third parties totaling Rs. 2,31,000 without supporting documents and salary receipts of Rs. 16,06,785 from IHCC, taxable in India. The AO completed the assessment under section 147 read with section 144B, assessing total income at Rs. 19,90,766. The assessee appealed to the CIT(A), challenging the reopening and the addition of Rs. 19,90,766 under section 68. The CIT(A) dismissed the appeal ex-parte for non-prosecution.
What were the issues?
1. Whether the CIT(A) erred in dismissing the appeal ex-parte for non-prosecution without providing an effective opportunity of hearing to the assessee, thereby violating the principles of natural justice, as contended by the assessee? 2. Whether the CIT(A) erred in dismissing the appeal without deciding the issues on merits, as contended by the assessee? Assessee's Contentions: The assessee argued that the impugned order was passed ex-parte due to the CIT(A) failing to provide an effective opportunity of hearing. The assessee claimed no notices were received after filing the appeal before the CIT(A), preventing them from pursuing the case. The dismissal for non-prosecution was without proof of service of notices and without deciding the appeal on merit. The assessee relied on Section 250(2)(a) of the Income Tax Act, 1961, emphasizing that hearing is a sine qua non for natural justice. The assessee requested the matter be restored to the CIT(A) for fresh adjudication. Revenue's Contentions: The Revenue supported the CIT(A)'s order, contending that effective opportunities of hearing were provided and there was no justification for the assessee's non-appearance. Therefore, the appeal lacked merit and should be dismissed.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI
Before: SHRI OM PRAKASH KANT & SHRI RAJ KUMAR CHAUHAN
O R D E R PER RAJ KUMAR CHAUHAN (J.M.): 1. This appeal is filed by the appellant/assessee against the orderof Ld. Commissioner of Income Tax (Appeals) / National Faceless Appeal Centre, Delhi [hereinafter referred to as the “CIT(A)”],passed under section 250 of the Income Tax Act, 1961 [hereinafter referred to as “the
The brief facts as culled out from the proceedings of authorities below are thatthe assessee is an individual did not file return of income for AY 2016-17. As per the information available on the website portal of the Income Tax Department, the assessee had made financial transaction i.e. purchase of immovable property of Rs. 1,40,32,375/-, salary of Rs.76,000/- and commissions of Rs.3,937/- during the previous year related to the assessment year under consideration. Therefore, a notice u/s.148 of the Act was issued on 11.03.2023. After that, the assessee had filed the return of income declaring a total income at Rs.1,52,980/-. On perusal of the submissions of the assessee, it was noticed that assessee has received credit from third persons to the tune ofRs.2,31,000/- but no supporting documents have been submitted. It is noticed that the assessee received fund from IHCC in India in the status of resident of India. Therefore, such salary receipts of Rs. 16,06,785/- from IHCC is clearly found taxable in India for the year under consideration. Accordingly, the AO completed the assessment u/s 147 r.w.s 144B of the Act and assessed the total income of the assessee at Rs. 19,90,766/-. Page | 2 Sameer PandharinathDhuri 3. Being aggrieved, the assessee preferred the appeal before Ld. CIT(A) on various grounds with respect to reopening of the assessment as well as alleged addition of Rs. 19,90,766/- as unexplained credit u/s 68 of the Act. The said appeal of the assessee was dismissed by Ld. CIT(A) on the ground that assessee has failed to pursue the case despite multiple opportunities given and no documentary or written submissions were filed before him.
Aggrieved by the impugned order, the assessee preferred the appeal before us. We have heard Ld. AR and Ld. DR and examined the record. At the very outset, Ld. AR submitted on behalf of the assessee that the impugned order has been passed ex-parte and the Ld. CIT(A) has failed to offer effective opportunity of hearing to the assessee and has dismissed the appeal in a hurried manner and as such the assessee was prevented from presenting its case before the Ld. CIT(A). Ld. AR further submitted that after filing of the appeal before the Ld. CIT(A), no notice has been received by the assessee and forthis reasons, the assessee could not pursue its case before the Ld. CIT(A). Ld. CIT(A) has dismissed the appeal only for non prosecutionof the case, when there is no proof of 3 notices of various dates, were ever served upon the assessee, decided the appeal ex-parte and dismissed the appeal without deciding the issue on Page | 3 Sameer PandharinathDhuri meritand also without giving opportunity of hearing to the assessee. Hence, the impugned order suffers from illegality and resulted into miscarriage of justice and liable to be set aside. Ld. AR further submitted that the assessee be given proper opportunity of hearing and the matter be restored to the file of Ld. CIT(A) for fresh adjudication of the case.
Ld. DR on the other hand supported the judgment of the Ld. CIT(A) and submitted that effective opportunity of hearing was given to the assessee and there is no justification for non-appearance, hencethere is no merit in the appeal and same is liable to be dismissed.
We have considered the rival submissions and examined the record. On perusal of the finding and decision of Ld. CIT(A), it is noticed that 3 notices dated 20.12.2014, 06.01.2025 and 15.01.2025 were issued to the assessee, but no response was filed by the assessee. It is noticed that there is no proof of 3 notices of various dates were served upon the assessee. We are of the considered opinion that Ld. CIT(A) has not given effective opportunity of hearing to the assessee which is against the principle of natural justice. Section 250 sub section 2(a) of "the Act"which provides as under:
Sameer PandharinathDhuri “Section 250 (2) The following shall have the right to be heard at the hearing of the appeal: - a. The appellant, either in person or by an authorised representative;”
It is evident from the provision that the hearing to be given is not a formality but an effective hearing is sine qua non for the purpose of upholding the principal of natural justice. It is thus evident from the contents of the impugned order that no effective opportunity of hearing has been given by the Ld. CIT(A) while passing the impugned order.
For these reasons, we are of the considered opinion that matter needs to be restored to the file of the Ld. CIT (A) for giving effective hearing to the assessee who shall present its case before the Ld. CIT(A) within 60 days. The impugned order is accordingly set aside and appeal filed by the assessee is allowed in above terms.
In the result, appeal filed by the assessee is allowed for statistical purposes.
Order pronounced in the open court on 21.08.2025.
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