MADHU JINDAL,NEW DELHI vs. ITO, WARD- 36(4), NEW DELHI
What did the Tribunal hold?
The Tribunal restored the matter to the CIT(A) to provide one final opportunity to the assessee to present her case. The assessee was directed to appear without seeking adjournments.
What were the facts?
The assessee filed her return of income, and the Assessing Officer made additions by rejecting a claim under Section 80IB and treating agricultural income as income from other sources. The CIT(A) passed an ex-parte order upholding these additions as the assessee's representative did not appear.
What were the issues?
Whether the ex-parte order of the CIT(A) was justified, and if the assessee should be granted another opportunity to present her case.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: SH. R.K PANDA
This appeal filed by the assessee is directed against the 1. order dated 23.11.2017 of the CIT(A)-12, New Delhi relating to A. Y. 2014-15
The assessee in her various grounds of appeal has challenged the exparte order of the CIT(A) in sustaining the addition made by the Assessing Officer.
The facts of the case, in brief, are that the assessee is an individual and filed her return of income on 30.09.2014 declaring total income of Rs.3,57,530/-. The Assessing Officer completed the assessment u/s 143(3) on 30.12.2016 determining the total
Rs.22,91,000/- wherein he rejected the claim of Rs.13,23,476/- u/s 80IB of the Act and treating the agricultural income Rs. 6,10,000/- as “income from other sources”. Since no one appeared on behalf of the assessee, the Ld. CIT(A) in the exparte order passed by him upheld the addition made by the Assessing Officer.
Aggrieved with such order of the CIT(A), the assessee is in appeal before the Tribunal.
The Ld. Counsel for the assessee at the outset submitted that due to illness of the counsel of the assessee he could not appear before the CIT(A). He submitted that in the interest of justice the assessee should be given one final opportunity to substantiate her case before CIT(A).
The Ld. DR on the other hand strongly relied on the order of the CIT(A).
After considering the rival arguments made by both the sides and considering the fact that the Ld. CIT(A) has passed an exparte order, I deem it proper to restore the matter back to the file of the CIT(A) with the direction to grant one final opportunity to the assessee to substantiate her case. The assessee is also hereby directed to appear before the CIT(A) and explain her case without seeking adjournment under any pretext failing which the Ld. CIT(A) is at liberty to pass appropriate order as per law. I hold and direct accordingly. The Grounds raised by the assessee are accordingly allowed for statistical purpose. 2
In the result, the appeal of the assessee is allowed for statistical purpose.
Order pronounced in the open court on 21.02.2019.
More judgments on Section 80IB
- D.C.I.T., Circle - 10(1), Kolkata vs M/S. Berger Paints India Ltd., KolkataITA 740/KOL/2018[2013-14]Status: Disposed22 Sept 2026AY 2013-14
- Tasa Foods Private Limited, Bangalore vs DCIT, Circle-7(1)(1), BengaluruITA 2908/BANG/2025[2018-19]Status: Disposed7 Sept 2026AY 2018-19
- Uflex Limited, Delhi vs DCIT/ACIT Cen Cir-II, NoidaITTPA 280/DEL/2026[2022-23]Status: Disposed21 Aug 2026AY 2022-23
- Dy. Commissioner of Income Tax, Noida vs Uflex Limited, DelhiITTPA 272/DEL/2026[2020-21]Status: Disposed21 Aug 2026AY 2020-21
- Uflex Limited, Pamposh Enclave, Greater… vs DCIT/ACIT Cen Cir-II, NoidaITTPA 260/DEL/2026[2021-22]Status: Disposed21 Aug 2026AY 2021-22
Recent GST High Court judgments
Search GST case law →- Manoj Kumar Prop M K Steel Traders vs. Additional Commissioner, Central Goods And Services Tax & Anr.Delhi · 28 Oct 2026
- M/S. Rohit Medical Systems vs. Commissioner Of Delhi Goods And Services Tax And Anr.Delhi · 28 Oct 2026
- Manoj Kumar Prop M K Steel Traders vs. Additional Commissioner, Central Goods And Services Tax & Anr.Delhi · 28 Oct 2026
- Shivam Kumar vs. The State Of BiharPatna · 28 Oct 2026
- M/S Rajkalpana Travels PVT. LTD. vs. Commissioner CGST, Delhi North CommissionerateDelhi · 28 Oct 2026