MUDIYILATHU RADHAKRISHNAKURUP RESMIKALA,CHENGANNOOR vs. ITO, WARD-2, THIRUVALLA, THIRUVALLA

ITA 723/COCH/2025Status: DisposedITAT Cochin20 November 2025AY 2015-16Bench: SHRI INTURI RAMA RAO (Accountant Member), SHRI MANU KUMAR GIRI (Judicial Member)5 pages
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What did the Tribunal hold?

The Tribunal held that service of notice through the ITBA portal is not a valid method under Section 282(1) of the Income Tax Act, 1961 and Rule 127(1) of the Income-tax Rules, 1962, citing a P&H High Court judgment. Consequently, the matter was remitted back to the CIT(A) for a de novo adjudication, ensuring the appellant is provided a reasonable opportunity to be heard.

What were the facts?

The appellant, a Homeopathy doctor, did not file an income tax return for AY 2015-16. An assessment was completed under Section 144, and penalty proceedings under Section 271(1)(c) were initiated for concealment of income. The appellant's appeal to the CIT(A) was dismissed without condoning the delay, and notices for hearing were issued via the ITBA portal.

What were the issues?

Whether service of notice through the ITBA portal constitutes valid service under the Income Tax Act and Rules, and if the CIT(A) was justified in dismissing the appeal without considering proper notice service.

Which sections of the Income-tax Act were involved?

Section 139(1),Section 144,Section 271(1)(c),Section 271(1),Section 282(1)

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Income Tax Appellate Tribunal, COCHIN BENCH

Before: SHRI INTURI RAMA RAO, AM & SHRI MANU KUMAR GIRI, JM

For Appellant: Shri Lokanathan, CA
For Respondent: Smt. Leena Lal, Sr. D.R
Hearing: 04.11.2025Pronounced: 20.11.2025

Per: Inturi Rama Rao, AM These appeals filed by the assessee are directed against the orders of the National Faceless Appeal Centre, Delhi (NFAC) dated 14th, 28th & 29th August, 2024 for Assessment Year (AY) 2015-16. 2. Since identical issues and facts are involved in these appeals, they are heard together and disposed of by this common order.

3.

For the sake of convenience and clarity the facts relevant to the appeal bearing ITA No. 722/Coch/2025 for AY 2015-16 are stated herein.

4.

Brief facts of the case are that the appellant is an individual deriving professional income as a Homeopathy doctor. The appellant had not filed return of income under the provisions of section 1

The order continues below.

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