MICRO LAND DEVELPERS PRIVATE LIMITED,HARYANA vs. ITO, WARD-16(4), NEW DELHI
What did the Tribunal hold?
The Tribunal found that the CIT(A) had proceeded ex parte without giving the assessee a reasonable opportunity of hearing. Consequently, the Tribunal set aside the CIT(A)'s order and remanded the matter back to the CIT(A) for a fresh determination on merits and law, after providing the assessee with a proper opportunity to be heard.
What were the facts?
The assessee appealed against a CIT(A) order that arose from an assessment under Section 147 read with Section 143(3) of the Income Tax Act, 1961. The primary contention was that the CIT(A) order was passed ex parte without affording a reasonable opportunity of hearing to the assessee, despite the assessee seeking adjournments and the final notice remaining unserved.
What were the issues?
Whether the CIT(A) erred in passing an ex parte order against the assessee without providing a reasonable opportunity of hearing, necessitating a remand for fresh adjudication.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. B.N. Bhattacharya & Another1,656 citing118 ITR 461 · 1997 · SC
Income Tax Appellate Tribunal, DELHI BENCHES: E : NEW DELHI
Before: SHRI S. RIFAUR RAHMAN & SHRI ANUBHAV SHARMA
Assessment Year: 2011-12 Micro Land Developers Pvt Ltd., Vs ITO, Office No.322, 3rd Floor, Ward-16(4), SS Plaza, Commercial Complex, New Delhi. Mayfield Garden, Sector-47, Gurgaon, Haryana – 122 001. PAN: AAFCM0432L (Appellant) (Respondent) Assessee by : Shri Amol Sinha, Advocate Revenue by : Shri Sunil Kumar Yadav, CIT-DR Date of Hearing : 21.04.2025 Date of Pronouncement : 21.04.2025 ORDER
PER ANUBHAV SHARMA, JM:
This appeal is preferred by the assessee against the order dated 04.11.2019 of the Commissioner of Income-tax (Appeals), Delhi-6 (hereinafter referred to as the Ld. First Appellate Authority or ‘the Ld. FAA’, for short) in Appeal No.CIT(A), Delhi-6/10443/2018-19 arising out of the appeal before it against the order dated 30.12.2018 passed u/s 147 r.w.s. 143(3) of the Income Tax Act, 1961 (hereinafter referred as ‘the Act’) by the ITO, Ward-16(4), New Delhi (hereinafter referred to as the Ld. AO).
On hearing both the sides, we find that amongst other grounds on merits, the assessee has raised a ground that the impugned order of the CIT(A) was passed without giving a reasonable opportunity of hearing. In this context, as we go through the impugned order, we find that judgement of the Hon’ble Supreme Court in B.N. Bhattacharjee & Anr., 118 ITR 461, was relied and the assessee was proceeded ex parte.
Ld. CIT(A) mentions of certain notices being served but, the same indicate that the assessee was seeking adjournment through the AR and when the last notice was issued by speed post same was not returned served or unserved.
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
Recent GST High Court judgments
Search GST case law →- Sutha vs. The State Tax Officer(Inspection-3)Madras · 27 Oct 2026
- M/S.Sri Satya Sai Constructions vs. The State Of Andhra PradeshAndhra Pradesh · 27 Oct 2026
- Anisha Busa vs. Sibar Institute Of Dental SciencesAndhra Pradesh · 27 Oct 2026
- M/S.Sri Satya Sai Constructions vs. The State Of Andhra PradeshAndhra Pradesh · 27 Oct 2026
- M/S. Sikka Motors PVT LTD vs. Union Of INDIA & Anr.Delhi · 27 Oct 2026