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Facts
The assessee filed an appeal belatedly by 182 days, citing mitigating circumstances. The assessee contended that the impugned order of the CIT(A) was ex-parte and violative of natural justice as they could not represent their case properly.
Held
The Tribunal noted that the assessment was carried out under Section 144 of the Act and the CIT(A)'s order was ex-parte and non-speaking, indicating a violation of the principle of natural justice. The assessee was not afforded sufficient opportunity to be heard.
Key Issues
Whether the order passed by the CIT(A) was in violation of natural justice due to lack of sufficient opportunity to the assessee, and if the delay in filing the appeal should be condoned.
Sections Cited
144, 143(3)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, RAJKOT BENCH “SMC”, RAJKOT
Before: DR. ARJUN LAL SAINI
Assessment Year: (2021-22) Bhama Punja Bharai Vs. ACIT Circle-2, Rajkot Near Kuvav Talav, Grofed Road, Azad Aaykar Bhawan, Race Chowk S.O. Junagadh- 362710 course Road, Rajkot-360001 PAN : DVXPB 2168 H (Appellant) (Respondent) िनधा�रती क� ओर से/Assessee by : None राज�व क� ओर से/Revenue by : Adjournment Application सुनवाई क� तारीख /Date of Hearing : 22/10/2025 घोषणा क� तारीख /Date of Pronouncement : 24/10/2025 आदेश / O R D E R Per,Dr. A. L. Saini, AM: The present appeal has been filed by the Assessee, against the order passed by the Learned Commissioner of Income Tax (Appeal), Ahmedabad/ National Faceless Appeal, Centre (NFAC), Delhi dated [hereinafter referred to as “CIT(A)”] 24.01.2025 arising in the matter of assessment order passed u/s.144 r.w.s 143(3) of the Income Tax Act, 1961 (here-in-after referred to as “the Act”) relevant to the Assessment Year 2021-22. 2.When the matter was called for hearing, I note that the assessee, submitted by way of affidavit that the appeal has been filed by the assessee belatedly. I have gone through the affidavit filed in this regard citing reasons for condonation of delay, and I note that assessee urged for a benign view and sought condonation of delay of 182 days in filing the appeal before the Tribunal. A perusal of the ITA 590 RJT 2025 Bhama Punja Bharai affidavit gives me an impression of existence of mitigating circumstances to enable me to exercise my discretion in favour of assessee. Accordingly, the delay is condoned. 3.At the outset itself, I note that the assessee has assailed the impugned order of CIT(A) by contending that the assessee could not represent his case before Ld. CIT(A) and the order being an ex-parte order, stood vitiated on account of violation of principle of natural justice. Therefore, I note that in the interest of justice, another opportunity to contest the appeal before the assessing officer may be granted to the assessee. None appeared on behalf of the assessee, when the case was called for hearing, however, I note that order passed by the learned CIT(A) is an ex-party order, without adjudicating on merit, therefore, I note that assessee has not given sufficient opportunity of being heard and could not plead his case successfully before the ld. CIT(A). I also note that in the assessee’s case under consideration, the assessment was carried out u/s 144 of the Act and the impugned order passed by the ld. CIT(A), is an ex parte order and non-speaking order, therefore, I do not wish to make any comments on the merits of the grounds raised by the assessee.
4. Considering the above facts, I note that assessee has not given sufficient opportunity of being heard and could not plead his case successfully before the ld. CIT(A). I also note that the ld. CIT(A) did not discuss the assessee’s case on merits based on the material available before him hence it is a violation of principle of natural justice. I note that it is settled law that principles of natural justice and fair play require that the affected party is granted sufficient opportunity of being heard to contest his case. Therefore, without delving much deeper into the merits of the case, in the interest of justice, I restore the matter back to the file of assessing officer for de novo adjudication and pass a speaking order after affording sufficient opportunity of being heard to the assessee, who in ITA 590 RJT 2025 Bhama Punja Bharai turn, is also directed to contest his stand forthwith. Therefore, I deem it fit and proper to set aside the order of the ld. CIT(A) and remit the matter back to the file of the assessing officer to adjudicate the issue afresh on merits. Needless to say, that the assessee shall fully co-operate with the assessing o�icer in the timely completion of the set aside proceedings. The assessee may note that all the necessary compliances should be made at the earliest and within the time limit prescribed in the notices issued by assessing o�icer. It should be the endeavor of the assessee to promptly submit necessary evidences in support of his income tax return, suo-moto or as required by the Assessing Officer without causing undue delays leading to submissions towards the fag end of the limitation period. The order of ld.CIT(A) is thus, set aside with a direction to the assessing o�icer to make a fresh assessment in accordance with the law. 5.For statistical purposes, the appeal of the assessee is treated as allowed.
Order pronounced in the open court on 24/10/2025.