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Facts
The assessee, a Sikkim original settler, did not file her original income tax return for A.Y. 2015-16, claiming exemption under Section 10(26AAA). Her case was selected for reassessment under Section 147. Although she filed a return in response, the AO deemed it invalid due to late filing and passed an ex-parte assessment order, rejecting her exemption claim. The CIT(A) subsequently dismissed her appeal, citing a lack of documentary evidence from the assessee.
Held
The Tribunal observed that both lower authorities had passed ex-parte orders primarily due to the assessee's non-compliance in providing evidence. In the interest of justice, the Tribunal decided to remit the case back to the Assessing Officer. The AO is directed to pass a fresh order after providing the assessee a reasonable opportunity to present all documentary evidence and legal arguments.
Key Issues
Whether a Sikkim original settler is entitled to exemption under Section 10(26AAA), and the validity of ex-parte assessment orders passed under Section 147/148 when the assessee seeks an opportunity to furnish evidence.
Sections Cited
10(26AAA), 147, 148
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH, KOLKATA
Before: SHRI RAJESH KUMAR, AM & SHRI PRADIP KUMAR CHOUBEY, JM
& 520/KOL/2024 (Assessment Years: 2015-16 & 2017-18) Usha Devi Mittal Agarwal Income Tax Officer, H.No. S VII/84 Society Hardware Ward 3(1), Gangtok, Sikkim Store, Palzor Stadium Road, Vs. Gangtok, Sikkim-737202 Gangtok, East Sikkim-737201 (Respondent) (Appellant) PAN No. ATEPA8462F Assessee by : Shri Miraj D. Shah, AR Revenue by : Shri Mangtinlen Haokip, DR Date of hearing: 28.07.2025 Date of pronouncement: 08.08.2025 O R D E R Per Pradip Kumar Choubey, JM:
These are appeals preferred by the assessee against the orders of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the “Ld. CIT(A)”] dated 09.01.2024 for A.Ys. 2015-16 & 2017-18.
As the facts and circumstances are similar in both the appeals in & 520/KOL/2024 for A.Ys. 2015-16 & 2017-18, Hence, we will take as lead case and decide the issue.
519/KOL/2024 for A.Y. 2015-16 03. The brief fact of the case is that the assessee did not file any return of income for the A.Y. 2015-16 as she is a Sikkim original settler and residing in Sikkim, hence, according to her she is entitled to the exemption u/s 10(26AAA) of the Income-tax Act, 1961 (the Act). The case of the assessee was selected for reassessment u/s 147 of the Act and in response to the notice, assessee filed the return. However, the
Aggrieved by the said order, assessee preferred the appeal before the ld. CIT (A), wherein the appeal of the assessee has been dismissed because of reason that the assessee did not file any details or documentary evidences in support of the statement of facts and grounds of appeal.
Being aggrieved and dissatisfied, the assessee preferred appeal before us
The ld. AR instead of arguing into the merit of the case have only prayed that the appeal be remitted back to the file of the ld. AO for fresh consideration with a liberty to the assessee to file documentary evidences. The ld. AR submits that the ld. AO as well as the ld. CIT (A) has passed an ex-parte order ignoring the fact that the assessee is Sikkim original settler and entitled for the exemption. The ld. AR further submits that Hon'ble Apex Corut has also decided this issue in the favour of the assessee that has been ignored by the ld. CIT (A). The ld. AR has also taken the legal ground regarding the reasons recorded and approval/ sanctioned of the competent authority. His prayer is that the appeal of the assessee be remitted back to the file of the ld. AO for fresh consideration after hearing the assessee.
Contrary to that, the ld. DR though supports the impugned order but did not raise any objection in remitting the appeal of the assessee to the file of the ld. AO.
Since, the orders passed by the lower authorities are an ex-parte order and there was no proper compliance, hence, for the interest of justice, we are inclined to remit the appeal to the file of the ld. AO with a direction to pass a fresh order after affording a reasonable opportunity to the assessee to place all the documentary evidences and law to this effect. The ld. AO directed to pass a fresh order after hearing the assessee on factual basis as well as on legal basis. The appeal of the assessee is allowed for statistical purposes.
520/KOL/2024 for A.Y. 2017-18 09. The issue raised in this appeal is similar to one as decided by us in ITA No. 519/KOL/2024. Accordingly, our decision would, mutatis mutandis,
In the result, both the appeals of the assessee are allowed for statistical purposes.
Order pronounced in the open court on 08.08.2025.