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Facts
The assessee, a resident of Sikkim claiming non-taxability, did not file an ITR for AY 2019-20. The AO reopened the assessment under Section 148 due to significant cash deposits and, in the absence of a response from the assessee, completed an ex-parte assessment, disallowing Rs. 85,61,870/- under Section 69B read with Section 115BBE. The CIT(A) subsequently confirmed this ex-parte order.
Held
The Tribunal condoned a 28-day delay in filing the appeal. Recognizing that the assessee was not given an adequate opportunity to present its case before the lower authorities, and with no objection from the DR, the Tribunal remanded the matter back to the CIT(A). The CIT(A) is directed to provide the assessee with a fresh opportunity to be heard, consider all documents, and pass a speaking order on merits.
Key Issues
Whether the ex-parte assessment and disallowance are justified when the assessee, claiming non-taxability as a Sikkim resident, was not given a proper opportunity to submit explanations and evidence before the lower authorities.
Sections Cited
250, 148, 69B, 115BBE, 147, 144
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH KOLKATA
Before: Shri Rajesh Kumar & Shri Pradip Kumar Choubey
order
: October 28, 2025 ORDER
Per Pradip Kumar Choubey, Judicial Member:
This appeal filed by the assessee is directed against the order dated 20.05.2025 of the National Faceless Appeal Centre [‘CIT(A)’] passed under Section 250 of the Income-tax Act, 1961 (hereinafter referred to as “the Act”) for the assessment year 2019–20.
The appeal has been filed by the assessee with a delay of 28 days. The assessee has filed an affidavit for condonation of the delay. After considering the reasons cited in the affidavit for condonation of delay, we find that the reasons are valid and consequently, the delay in filing the appeal is hereby condoned and we proceed to dispose of the appeal on merits.
Dinesh Joshi 3. Brief facts of the case are that the assessee is a resident of State of Sikkim holding Sikkim Subject Certificate and the assessee is not liable to pay any income tax as per law. The assessee has not filed return of income for the assessment year under consideration. The Assessing Officer found that the assessee had deposited cash of Rs.3,98,43,042/- in bank accounts of the assessee. The Assessing Officer reopened the case of the assessee and issued notice u/s 148 of the Act asking the assessee to give details for the said transaction but the assessee did not respond. Thereafter, the Assessing Officer completed the assessment ex parte by making disallowance of Rs.85,61,870/- u/s 69B r.w.s. 115BBE of the Act.
Aggrieved by the said order, the assessee filed an appeal before the CIT(A). The ld. CIT(A) simply confirmed the order of the Assessing Officer in the absence of the any response from the assessee.
Aggrieved and dissatisfied, the assessee is in appeal before us. At the time of hearing, the Ld. AR without going into the merits of the case has only prayed for one more opportunity may be given to the assessee to substantiate the case before the authorities below.
The Ld. DR did not make any objection to the above proposal of the ld. AR. 7. We have considered the submissions of the counsels of the respective parties and perused the material available on record. We find that the assessment order was passed u/s 147 r.w.s. 144 of the Act and even before the ld. CIT(A), the assessee did not able to give any explanation to substantiate his case. Under the circumstances and on the request of the ld. AR, in the interest of natural justice, we deem it fit to remand this matter back to the file of ld. CIT(A) with the direction to Dinesh Joshi adjudicate the matter on merits after affording opportunity to the assessee of being heard and to pass a speaking order in accordance with law after considering documents or explanations submitted by the assessee. The assessee is directed to fully cooperate in the remand proceedings by producing supporting documents to substantiate the case.
In the result, the appeal filed by the assessee is allowed for statistical purposes.
Kolkata, the 28th October, 2025.