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Facts
The assessee filed appeals against orders from the CIT(A) for multiple assessment years (2012-13 to 2015-16 & 2018-19), which were dismissed ex-parte due to lack of representation and requisite information. The assessment was framed under sections 153A/143(3) of the Act. The assessee's representative requested a remand to the CIT(A), citing a similar remand in the spouse's case.
Held
The tribunal remitted the appeals back to the CIT(A) for re-adjudication, granting one more opportunity for a hearing to uphold natural justice. The assessee was cautioned to cooperate promptly, failing which the CIT(A) could pass orders based on available records. This decision for ITA No. 220/PAT/2025 applies similarly to the other connected appeals.
Key Issues
Whether the CIT(A) was justified in dismissing appeals ex-parte without considering submissions, and if the matter should be remanded for a fresh hearing.
Sections Cited
153A, 143(3), 153AC
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “PATNA” BENCH, PATNA
Before: SHRI DUVVURU RL REDDY, VP & SHRI RAJESH KUMAR, AM
O R D E R Per Rajesh Kumar, AM:
These are appeals preferred by the assessee against the orders of the Commissioner of Income-tax (Appeals), Patna-3, (hereinafter referred to as the “Ld. CIT(A)”] dated 20.02.2025, 21.02.2025 for the AY 2012-13 to 2015-16 & 2018-19.
At the time of hearing none appeared on behalf the assessee but filed a letter dated 25.11.2025 which read as under: -
“Sub: Pray for conclusion of Appeal and/or Time petition for adjournment of hearing fixed on 25.11.2025. in the case of Nirupama Kumari, Wie Mr. Amit Kumar, C/o Ambition Coaching, Navratan Hatta, Purnia-854301 (Bihar) PAN: BBLPK578910 for A/V: 2012-13 to A/V 2015-16 and A/V: 2015-19.
The issue raised in other appeals in to 224/PAT/2025 are similar to one as decided by us in (supra). Accordingly, our decision would, mutatis mutandis, apply to these appeals of assessee. Hence, the assessee‘s appeals are allowed for statistical purposes.
In the result, the appeals of the assessee are allowed for statistical purposes.
Order pronounced in the open court on 28.11.2025.