MDGUPTA DEVELOPERS PRIVATE LIMITED,GHAZIABAD vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), GHAZIABAD, GHAZIABAD
What did the Tribunal hold?
The Tribunal found that the principle of natural justice was violated. The matter was remitted back to the CIT(A) to grant the assessee an opportunity to be heard and decide afresh.
What were the facts?
The assessee requested a hearing date from the CIT(A) to effectively represent their case. However, the CIT(A) disposed of the appeal ex parte without granting this opportunity.
What were the issues?
Violation of natural justice by CIT(A) in disposing of the appeal ex parte without affording an opportunity of hearing to the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “G”: NEW DELHI
Before: Ms. MADHUMITA ROY & SHRI NAVEEN CHANDRA
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
O R D E R PER MADHUMITA ROY, JM:
The instant appeal, preferred by the assessee, is directed against the order dated 16.07.2025 [DIN & Order No. ITBA/NFAC/S/250/2025-26/1078560879(1)], passed by the National Faceless Appeal Centre (NFAC), Delhi, arising out of the order dated 26.09.2022 passed by the AO, National Faceless Assessment Centre, (hereinafter referred to as “the Act”), for assessment year 2020-21.
It emerges from the record that in proceedings before the Learned CIT(A) the assessee on 12.07.2025 made a request to fix the date of hearing to enable him to represent the case effectively, whereas the Learned CIT(A) without granting any further opportunity disposed of the appeal on 16.07.2025, that too ex parte. Hence, the instant Appeal before us. Under these facts and circumstances of the matter, the Learned Senior Counsel Mr. Kapoor submitted before the Bench that since the principle of natural Justice has evidently been violated by the Learned CIT(A), the assessee be given a further opportunity to represent its case afresh before the First Appellate Authority, and therefore, the matter be remitted to the file of the said Authority below. The Learned DR could not controvert such submission made by the Learned AR.
Having heard the Learned Counsels appearing for the respective parties and having regard to the facts and circumstances of the matter, in order to afford an opportunity to the assessee to represent his case effectively and to prevent the miscarriage of justice, we deem it fit and proper to remit the matter back to the file of the Learned First Appellate Authority for decision afresh with a direction to adjudicate the matter upon granting an opportunity of being heard to the assessee and upon considering the evidence on record or any other evidence which the clear that in the event the assessee does not cooperate with the Ld. First Appellate Authority, the said authority would be at liberty to proceed with the matters and finalize the same strictly in accordance with law. We order accordingly.
3. In the result, assessee’s appeal is allowed for statistical purposes.
Order pronounced in open court on 14.01.2026.
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