Loading judgment…
Facts
The assessee's appeal was dismissed ex-parte by the CIT(A) without providing sufficient opportunity for hearing. The assessee requested remission back to the CIT(A) for re-adjudication, citing non-intentional non-compliance due to personal reasons.
Held
The Tribunal held that the ends of justice would be met by remitting the matter back to the CIT(A) for re-adjudication after giving due opportunity to the assessee. The CIT(A)'s ex-parte order was set aside.
Key Issues
Whether the ex-parte order passed by the CIT(A) without providing sufficient opportunity of hearing to the assessee is justified?
Sections Cited
143(3)
AI-generated summary — verify with the full judgment below
ORDER PER AMITABH SHUKLA, AM,
The captioned appeal has been preferred by the assessee against order dated 30.09.2025 of learned Commissioner of Income Tax (Appeals)-26, New Delhi, [hereinafter referred to as ‘ld. CIT(A)] arising out of assessment order dated 31.03.2025 passed u/s 143(3) of the Income Tax Act, 1961, pertaining to Assessment Year 2023-24. The word ‘Act’ herein this order would mean Income Tax Act, 1961.
At the outset, ld. Counsel for the assessee submitted that the ld. CIT(A) has dismissed its appeal ex-parte without giving sufficient opportunity of being heard. It was accordingly requested that the matter may be considered for remission back to the ld. CIT(A) for re-adjudication after giving due opportunity to the assessee. The ld. Counsel submitted that the non-compliance was not intentional and that the assessee could not comply to the statutory notices on account of some compelling personal reasons.
The ld. DR did not resist the proposal of appellant assessee.
We have heard rival submission in the light of the materials available on record. Para-4 of the order of the ld. CIT(A) shows that between a short period of 20.06.2025 to 15.09.2025, statutory notices were issued, which remained non-complied. The ld. CIT(A) concluded the non-compliances as wilful defaults and proceeded to pass the ex-parte order. There is no denying the fact that law assist those who are vigilant however it is also a fact that no litigant benefits by non-prosecution of its matter. Be that as it may be, we are of the considered view that ends of justice would be met if the matter is remitted back to the file of the ld. CIT(A) for re-adjudication. Accordingly, we set-aside the order of the ld. CIT(A) and direct him to re-adjudicate the matter afresh after giving due opportunity of being heard to the assessee and in accordance with law. It shall be bounden upon the assessee to comply with the statutory notices
Page 2 of 3 by the ld. CIT(A). All the grounds of appeal raised by the assessee are therefore allowed for statistical purposes.
In the result, the appeal of the assessee is allowed for statistical purposes.