SARABJIT SINGH,GHAZIABAD vs. ITO, WARD-2(4), GHAZIABAD
What did the Tribunal hold?
The Tribunal noted that both the assessment order and the appellate proceedings were ex-parte. In the interest of justice, the Tribunal restored the appeal to the file of the CIT(A) with a direction to provide a reasonable opportunity of hearing to the assessee.
What were the facts?
The assessee's appeal was against an ex-parte order from the CIT(A). The assessee claimed that both lower authorities failed to provide a proper opportunity for hearing and passed orders without application of mind. Specifically, the authorities computed Short Term Capital Gain without considering the cost of acquisition.
What were the issues?
Whether the lower authorities erred by passing ex-parte orders without providing a proper opportunity of hearing and by computing capital gains without considering the cost of acquisition.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI ‘B’ BENCH,
Before: SHRI N.K. BILLAIYA, & SHRI KUL BHARAT
PER N.K. BILLAIYA, ACCOUNTANT MEMBER:-
This appeal by the assessee is preferred against the order of the ld. CIT(A) – 2, Noida dated 05.12.2017 pertaining to Assessment Year 2014-15.
2. The grievances of the assessee read as under:
“1. That under the facts and circumstances of the case and in law, no proper opportunity of hearing has been allowed before both the lower authorities and the Assessment Order as well as CIT (A) appeal order passed are ex - parte, therefore, appellant has not been provided sufficient opportunity to present his case before both the lower authorities.
That under the facts and circumstances of the case and in law, as no reasonable opportunity has been allowed by both the lower authorities, therefore, both the lower authorities have passed the order against principles of natural justice.
3. That under the facts and circumstances of the case and in law, both the orders passed by the Id. AO as well as by the Ld. CIT (A) are without application of mind as both of them have computed Short Term Capital Gain without giving any benefit of cost of acquisition, therefore, the Assessment Order as well as CIT (A) appeal order is illegal and un - sustainable.
4. That under the facts and circumstances of the case and in law, both the lower authorities have erred in law as well as on merits in making addition of Rs. 53,60,000/- U/s. 45 of the Act by treating total sale proceeds of property as Short Term Capital Gain without giving any benefit of cost of acquisition, therefore, the whole addition made is illegal, unsustainable and without application of mind.
5. That under the facts and circumstances of the case and in law, both the lower authorities have erred in law as well as on merits in making addition of Rs. 25,00,000/- U/s. 45 of the Act by treating total sale proceeds of property as Short Term Capital Gain without giving any benefit of cost of acquisition, therefore, the whole addition made is illegal, unsustainable and without application of mind.
That under the facts and circumstances of the case and in law, both the lower authorities have erred in law as well as on merits in disallowing deduction of Rs. 1,43,151/- claimed under Chapter VI - A of the Act, the whole disallowance made is illegal, unsustainable and without application of mind.
None appeared on behalf of the assessee and we decided to proceed exparte.
A perusal of the orders of the authorities below show that the assessment order is exparte. Though one ld. counsel for the assessee appeared on behalf of the assessee but sought adjournment.
Thereafter, the appellate proceedings were concluded exparte.
Therefore, in the interest of justice and fair play, we deem it fit to restore this appeal to the file of the ld. CIT(A). The ld. CIT(A) is directed to allow reasonable and sufficient opportunity of hearing to the assessee to present the case with supporting evidences. The assessee is directed to avail this opportunity and file necessary documentary evidences before the ld. CIT(A).
In the result, appeal of the assessee in is allowed for statistical purposes.
The order is pronounced in the open court on 24.01.2022.
More judgments on Section 45
- Mukesh Mishra, Thane vs ACIT, Circle 1, ThaneITA 5853/MUM/2026[2020-2021]Status: Disposed8 Oct 2026AY 2020-2021
- Sip Infotech Limited, Mumbai vs Principal Commissioner of Income Tax…ITA 5355/MUM/2026[2019-2020]Status: Disposed30 Sept 2026AY 2019-2020
- Rajiv Kumar, Delhi vs DCIT, Circle 67(1), DelhiITA 3538/DEL/2026[2011-12]Status: Disposed29 Sept 2026AY 2011-12
- DCIT 19 1 Mumbai, Mumbai vs Nisha Jhaveri, MumbaiITA 2389/MUM/2026[2013-14]Status: Disposed28 Sept 2026AY 2013-14
- Arokiaswamy Velumani, Bengaluru vs Income Tax Officer 15(3)(1), MumbaiITA 1946/MUM/2026[2023-2024]Status: Disposed24 Sept 2026AY 2023-2024
Recent GST High Court judgments
Search GST case law →- Mahaveer Ispat Traders vs. Principal Commissioner Dgst Delhi Department Of Trade And Taxes Gnctd & Anr.Delhi · 28 Oct 2026
- Modern Engineers And Contractors vs. The Deputy Assistant Commissioner (St)Andhra Pradesh · 28 Oct 2026
- K Madhusudan Reddy vs. The State Of Andhra PradeshAndhra Pradesh · 28 Oct 2026
- Sandeep Ranjan Rout vs. The Commissioner Of CT And GST, Odisha, KatakOrissa · 28 Oct 2026
- Gagan Bihari Rout@Gagan Rout vs. State Of OdishaOrissa · 28 Oct 2026