Loading judgment…
Facts
The Assessing Officer made an addition to the total income of the assessee, Amar Jyoti Industries Pvt. Ltd., on account of unexplained creditors amounting to ₹1,88,25,349.71. The assessee's appeal before the CIT(A) was dismissed ex parte due to non-prosecution.
Held
The Tribunal observed that the CIT(A)'s order was passed ex parte and without adjudicating the issues on merits. Therefore, in the interest of justice, the Tribunal granted one more opportunity to the assessee to present its case.
Key Issues
Whether the ex parte order of the CIT(A) passed without adjudicating the issues on merits should be set aside and the matter restored for fresh adjudication.
Sections Cited
250, 143(3)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “PATNA” BENCH, PATNA
Appearances by: Assessee represented by : Shri Manish Rastogi, Adv. Department represented by : Shri Rajat Datta, CIT-DR Date of concluding the hearing : 16.09.2025 Date of pronouncing the order : 18.09.2025 O R D E R
PER SONJOY SARMA, JUDICIAL MEMBER
This appeal arises from order dated 23.06.2023, passed u/s 250 of the Income Tax Act, 1961 (hereafter “the Act”) by the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereafter “the Ld. CIT(A)] for the assessment year 2016-17.
This appeal by the assessee arises against the order of the learned CIT(A), relating to the assessment year 2016-17.
Brief facts of the Case are that the assessee, engaged in business, filed its return of income for the relevant year. The Assessing Officer Amar Jyoti Industries Pvt. Ltd. completed assessment under section 143(3) of the Income-tax Act, 1961. While doing so, he noted that certain creditors amounting to ₹1,88,25,349.71, as reflected in the books of account, were not satisfactorily explained. Accordingly, the Assessing Officer treated the said sum as unexplained and made addition to the total income.
Aggrieved, the assessee preferred appeal before the learned CIT(A). However, due to non-prosecution, the appeal was dismissed ex parte, thereby sustaining the assessment order.
Dissatisfied with the above order the assessee has now come in appeal before this tribunal, raising various grounds. The primary contention is that the order of the learned CIT(A) is ex parte and passed without adjudicating the issues on merits, thereby depriving the assessee of an effective opportunity of hearing. The assessee, therefore, seeks one more opportunity to represent the case.
The learned Departmental Representative did not seriously object to this prayer of the assessee.
We have considered the rival submissions and examined the material on record. In our view, since the order of the learned CIT(A) is ex parte, in the interest of justice and fair play, one more opportunity ought to be granted to the assessee so that the claim can be substantiated with proper evidence. Accordingly, we set aside the impugned order of the learned CIT(A) and restore the matter to the file of AO with a direction to decide the issues involved in the appeal afresh on merits, after affording reasonable opportunity of being heard to the assessee. The assessee is also directed to
In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced on 18.09.2025