Facts
The assessee filed an appeal against the order of the CIT(A) which dismissed the appeal as not admitted due to deficiencies in the initial filing. The assessee failed to provide required details and explanations to the CIT(A) and the Assessing Officer.
Held
The Tribunal held that the assessee remained non-compliant and did not furnish requisite details. However, in the interest of justice, the Tribunal set aside the order of the CIT(A) and restored the matter to the Assessing Officer for a de novo assessment, directing the assessee to furnish all necessary documents.
Key Issues
Whether the appeal should be admitted despite deficiencies, and if a de novo assessment is warranted to provide the assessee an opportunity to present all details.
Sections Cited
249(4), 249(4)(b)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD
O R D E R PER DR. B.R.R. KUMAR, VICE-PRESIDENT:-
Delay Condoned This appeal is filed by the Assessee against the appellate order dated 27.05.2025 passed by the Commissioner of Income Tax (Appeals)National Faceless Appeal Centre, Delhi, relating to the Assessment Year 2012-13.
On perusal of the records, it is observed that there was a deficiency in the appeal filed in Form No.
Consequently, deficiency letters were issued to the assessee on the following ground: Asst. Year : 2012-13 - 2– “Neither the return of income has been filed nor an amount equal to the advance tax payable, as prescribed under Section 249(4)(b) of the Income Tax Act, 1961, has been paid or the particulars of such payment furnished.” However, the assessee remained non-compliant and failed to furnish the requisite details or explanations before the Ld. CIT(A). Furthermore, no application was made by the assessee under the proviso to Section 249(4) of the Act. Accordingly, the Ld. CIT(A) dismissed the appeal as not admitted. We also find that the assessee failed to comply before the Assessing Officer. Before us, the Ld. Counsel for the assessee prayed that, given an opportunity, all necessary details, clarifications, and explanations would be furnished to the Revenue authorities. In view of the above, and in the interest of justice, we set aside the order of the Ld. CIT(A) and restore the matter to the file of the Assessing Officer for de novo assessment. The assessee is directed to furnish all relevant bank statements, submissions, and supporting documents in accordance with the provision of the Act before the Assessing Officer and to comply with the notices issued by the Revenue authorities without seeking any unnecessary adjournments.
In the result, the appeal of the assessee is allowed for statistical purposes.
The order is pronounced in the open Court on 13.11.2025. S /- (TR SENTHIL KUMAR) VICE-PRESIDENT () Ahmedabad; Dated 13.11.2025 MV Asst. Year : 2012-13 - 3–