DINESH OILS LTD,KANPUR vs. DCIT. CC-1,, KANPUR

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ITA 254/LKW/2024Status: DisposedITAT Lucknow23 July 2025AY 2014-15Bench: SHRI ANADEE NATH MISSHRA (Accountant Member), SHRI SUBHASH MALGURIA (Judicial Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal observed that the CIT(A) passed an ex-parte order without providing the assessee a reasonable opportunity of being heard. Consequently, the Tribunal set aside the CIT(A)'s order and directed the CIT(A) to pass a fresh de novo order on merits after affording the assessee a proper hearing.

What were the facts?

Dinesh Oils Ltd., a limited company, filed its return of income declaring Rs.4,24,90,720/-. The Assessing Officer completed the assessment under Section 143(3) at Rs.4,73,53,410/-, making an addition of Rs.48,62,688/- for unexplained investment. The assessee's appeal before the CIT(A) was dismissed for non-prosecution.

What were the issues?

Whether the CIT(A) was justified in dismissing the assessee's appeal for non-prosecution without providing a reasonable opportunity of being heard.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, LUCKNOW BENCH ‘A’, LUCKNOW

Before: SHRI ANADEE NATH MISSHRA & SHRI SUBHASH MALGURIA

2014-15 against impugned appellate order dated 20/02/2024 (DIN & Order No.ITBA/NFAC/S/250/2023- 24/1061194785(1) of Commissioner of Income Tax [“CIT” for short].

2.

The facts of the case, in brief, are that the assessee is a limited company. The assessee filed its return of income on 29/11/2014 declaring total income of Rs.4,24,90,720/-. The Assessing Officer completed the assessment under section 143(3) of the Act, determining the total income of the assessee at Rs.4,73,53,410/-. The Assessing Officer made an addition of Rs.48,62,688/- on account of unexplained investment. Aggrieved, the assessee carried the matter in appeal before the learned CIT(A) who has dismissed the appeal of the assessee for non-prosecution. Aggrieved further, the assessee is in appeal before the Income Tax Appellate Tribunal.

3.

At the time of hearing, there was no representative from the assessee’s side. In the absence of any representation from assessee’s side, we have heard learned Departmental Representative and perused the materials available on record. Learned Departmental Reprehensive relied on the orders of the authorities below. From the materials available on record, it is evident that learned CIT(A) has passed the ex-parte order qua the assessee without providing reasonable opportunity of being heard to the appellant assessee. Having regard to the same, we set aside the impugned appellate order to the file of learned CIT(A) and we direct the learned CIT(A) to pass de novo order on merits in accordance with law after providing reasonable opportunity of being heard to the assessee.

4.

In the result, the appeal of the assessee stands partly allowed for statistical purposes.

(Order pronounced in the open court on 23/07/2025)

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