SUNITA AHUJA,DELHI vs. ITO WARD-41(1), NEW DELHI
What did the Tribunal hold?
The Tribunal set aside the impugned order and remanded the case to the Assessing Officer. This was done to allow the assessee an opportunity to be heard after issuing proper notice to the correct address.
What were the facts?
The assessee challenged ex-parte orders passed by the Assessing Officer and the CIT(A). The assessee claimed no notice of hearing was served, and there were discrepancies in the addresses used by the revenue authorities.
What were the issues?
Whether the ex-parte orders were validly passed without proper service of notice on the assessee, and if the discrepancies in the assessee's address prejudiced their right to be heard.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘Friday-A’ NEW DLEHI
Before: SHRI G.S. PANNU, VICE - & SHRI K. NARASIMHA CHARY
PER K. NARASIMHA CHARY, J.M. Challenging the order dated 17.10.2019 in Appeal No.91/18-19 passed by learned Commissioner of Income-tax (Appeals)-14, New Delhi (“Ld. CIT(A)”) for the assessment year 2009-10, Smt. Sunita Ahuja (“assessee”) preferred this appeal.
At the outset, it is submitted on behalf of the assessee that both the authorities below passed exparte orders inasmuch as the order dated 25.02.2015 passed by Assessing Officer was u/s. 144/147 of the Act and also the first appellate order dated 17.10.2019 is in the absence of the assessee.
By way of affidavit, the assessee stated that no notice of hearing was served on the assessee. Assessment order reads that notice u/s. 148 was served by way of affixture at the last known address of the assessee. The address given in the order dated 25.02.2015 passed by Assessing Officer and the address given in the first appellate order are different and the assessee has given an altogether different address in Form-36, in which this appeal is filed. Ld. AR requested that it would be in the fitness of things if the matter is remanded to the file of Assessing Officer for fresh disposal after issuing notice to proper address. Learned DR reports no objection for setting aside the impugned order and remanding the case to the file of Assessing Officer for fresh disposal after giving an opportunity to the assessee. Recording the same, we set aside the impugned order and remand the issue to the file of Assessing Officer for disposal afresh after giving opportunity to the assessee by issuing notice to the address given in this appeal.
In the result, the appeal is allowed for statistical purposes.
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
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