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Facts
The assessee preferred four appeals against orders passed by the National Faceless Appeal Centre (NFAC). The appeals arose out of assessment orders passed under Section 147 r.w.s. 144B of the Income-tax Act, 1961. The impugned order was passed ex parte as the assessee could not appear despite notices.
Held
The Tribunal remitted the matters back to the Assessing Officer (AO) for re-adjudication. The AO was directed to provide the assessee an opportunity to be heard and consider all evidence. The Tribunal clarified that if the assessee does not cooperate, the AO can proceed with the assessment as per law.
Key Issues
Whether the assessment order passed ex parte is valid and if the assessee should be granted an opportunity for re-adjudication.
Sections Cited
147, 144B, 144
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
ORDER PER BENCH: These four appeals have been preferred by the assessee against the different orders dated 25.07.2025, 01.08.2025, 06.08.2025 of the National Faceless Appeal Centre (NFAC) [hereinafter referred to as the ‘Ld. CIT(A)], Delhi pertaining to ITA No.-5811 to 5814/Del/2025 Amit Sharma Assessment Year 2017-18, arising out of Assessment order same dated 28.03.2022 passed under Section 147 r.w.s. 144B of the Income-tax Act, 1961(hereinafter referred to as ‘the Act’).
Having heard the Ld. Counsels appearing for the respective parties and having regard to the facts and circumstances of the case, particularly the fact that the impugned order being an ex parte one, as the assessee for some reasons or the other could not appear despite notices being sent to the assessee on several occasions, and having regard to the assessment order being passed under section 144 of the Act, in order to meet the ends of justice, we remitting the matters to the file of the Ld. AO for re-adjudication of the issues raised by the assessee before him within period of 10 months from the date of passing of this order. The Ld. AO is further directed to grant an opportunity of being heard to the assessee and consider the evidence on record or any other evidences which the assessee may choose to file at the time of hearing of the matter.
We also make it clear that, in the event the assessee does not cooperate with the Ld. AO, the said authority would be at liberty to proceed and finalize the assessment strictly in accordance with law. Accordingly, all the four appeals are allowed for statistical purposes.
ITA No.-5811 to 5814/Del/2025 Amit Sharma 4. In the result, all the four appeals of the assessee are allowed for statistical purposes.