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Facts
The assessee filed multiple appeals against ex-parte orders of the CIT(A) for various assessment years, where assessments were completed under sections 153A, 153AC, and 143(3) of the Income Tax Act. The CIT(A) had dismissed the appeals due to the assessee's non-representation and failure to submit information. The assessee subsequently requested a remand, citing a similar case involving their spouse where the ITAT had already restored the matter to the CIT(A) for fresh adjudication.
Held
The Income Tax Appellate Tribunal (ITAT), while noting the assessee's non-appearance before the CIT(A), decided to remand the cases back to the CIT(A) to ensure the principles of natural justice are met. The CIT(A) was directed to provide the assessee another opportunity for hearing, with a caution that the assessee must cooperate in the proceedings. All appeals were allowed for statistical purposes, meaning they were sent back for re-adjudication.
Key Issues
Whether the CIT(A) was justified in dismissing appeals ex-parte without providing an adequate opportunity of hearing, and if the matter should be remanded for fresh adjudication considering similar facts in a related case.
Sections Cited
153A, 153AC, 143(3)
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.
As the facts and circumstances are exactly similar in all the above cases, we take for A.Y. 2012-13 and decide the issue accordingly.
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.