APURVA PARESH SHAH,MUMBAI vs. MUM-C-91, CIRCLE 42(1)(1), RANGE CODE- 431, KAUTILYA BHAVAN, MUMBAI

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ITA 6631/MUM/2024Status: DisposedITAT Mumbai05 February 2025AY 2017-2018Bench: SHRI B.R. BASKARAN (Accountant Member), SHRI ANIKESH BANERJEE (Judicial Member)4 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal set aside the ex-parte order and restored the issues to the file of the Ld.CIT(A) for fresh examination, providing an opportunity to the assessee.

What were the facts?

The assessee filed an appeal challenging an ex-parte order passed by the Ld.CIT(A) due to non-response to notices. The Ld.CIT(A) did not decide the issues on merits.

What were the issues?

Whether the ex-parte order passed by the Ld.CIT(A) without deciding issues on merits is sustainable in law.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI “A” BENCH : MUMBAI

Before: SHRI B.R. BASKARAN & SHRI ANIKESH BANERJEE

O R D E R PER B.R. BASKARAN, A.M :

The assessee has filed this appeal challenging the order dt.18-10-2024 passed by the Ld. Commissioner of Income Tax (Appeals)-National Faceless Appeal Centre (NFAC), Delhi [„Ld.CIT(A)‟] and it relates to AY. 2017-18.

2.

At the outset, we notice that the Ld.CIT(A) was constrained to pass the ex-parte order since the assessee did not respond to the notices issued by him. We also notice that the Ld.CIT(A) did not dispose of the issues urged in the appeal on merits also. Under these set of facts, we are of the view that the assessee may be provided with one more opportunity to present his case properly before the Ld.CIT(A). Accordingly, in the interest of natural justice, we set aside the order passed by the Ld.CIT(A) and restore all the issues to the file of the Ld.CIT(A) for examining the same afresh. After affording an opportunity of being heard to the assessee, the Ld.CIT(A) may take appropriate decision in accordance with law. We also direct the assessee to fully co-operate with the Ld.CIT(A) for expeditious disposal of the appeal.

3.

In the result, the appeal filed by the assessee is treated as allowed. Order pronounced in the open court on 05-02-2025 Sd/- Sd/- [ANIKESH BANERJEE] [B.R. BASKARAN] JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai, Dated: 05-02-2025 TNMM Copy to : 1) The Appellant 2) The Respondent 3) The CIT concerned 4) The D.R, ITAT, Mumbai 5) Guard file

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