MOHAMMAD HUSAIN,SANT KABIR NAGAR vs. INCOME TAX OFFICER, WARD-BASTI, NEW, BASTI

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ITA 640/LKW/2025Status: DisposedITAT Lucknow11 November 2025AY 2020-21Bench: SHRI ANADEE NATH MISSHRA (Accountant Member)1 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The ITAT noted that the CIT(A) had not decided all grounds of appeal, including the validity of the notice issued under Section 148. The Tribunal set aside the CIT(A)'s order and directed it to pass a fresh order after considering all grounds and providing an opportunity of being heard.

What were the facts?

The assessee, an individual, did not file a return of income for AY 2020-21. The Assessing Officer completed the assessment under Section 147 read with Section 144/144B and made additions. The CIT(A) set aside the appeal to the Assessing Officer for fresh assessment.

What were the issues?

Whether the CIT(A) rightly set aside the appeal to the Assessing Officer without deciding all grounds, including the validity of the Section 148 notice?

Which sections of the Income-tax Act were involved?

Section 147,Section 144,Section 144B,Section 148

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, LUCKNOW BENCH “SMC”, LUCKNOW

Before: SHRI ANADEE NATH MISSHRA

2020-21 against impugned appellate order dated 14/08/2025 (DIN & Order No.ITBA/NFAC/S/250/2025-26/1079638875(1) of Commissioner of Income Tax (Appeals) [“CIT(A)” for short].

(B) The facts of the case, in brief, are that the assessee is individual and has not filed his return of income for the year under consideration. The Assessing Officer completed the assessment and passed assessment order dated 17/02/2025 under section 147 read with section 144/144B of the Act and determined the total income of the assessee at Rs.45,26,910/- by making various additions. Being aggrieved, the assessee carried the matter in appeal before the learned CIT(A), who has set aside the appeal to the file of the Assessing Officer for making fresh assessment. Being further aggrieved, the assessee is in appeal before the Income Tax Appellate Tribunal.

(C) In the course of appellate proceedings in ITAT learned counsel for the assessee submitted that the learned CIT(A) has passed order without deciding all grounds of appeal. In particular he submitted, the learned CIT(A) did not decide the legal ground that the notice issued u/s 148 of the Act was invalid and should be quashed. The learned counsel for the assessee further submitted that the order of learned CIT(A) should be set aside with the direction to pass fresh order in accordance with law, deciding all grounds of appeal, after providing reasonable opportunity to the assessee. The learned CIT, D.R. for the Revenue left the matter to the discretion of the Bench. In view of the foregoing, the impugned appellate order dated 14/08/2025 is set aside back to the file of learned CIT(A) with the direction to pass fresh order in accordance with law, deciding all grounds of appeal, after providing reasonable opportunity of being heard to the assessee.

(D) In the result, the appeal of the assessee is partly allowed for statistical purposes.

(Order pronounced in the open court on 11/11/2025)

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