SAROJ MAHENDRABHAI SETH,SURENDRANAGAR vs. INCOME TAX OFFICER, WARD-2,SURENDRANAGAR, SURENDRANAGAR
What did the Tribunal hold?
The Tribunal held that the order passed by the Learned CIT(A) was an ex-parte and non-speaking order, indicating a violation of the principle of natural justice. The assessee was not afforded sufficient opportunity of being heard, and their case was not discussed on merits. The Tribunal noted that the assessee had sought adjournments to file details and documents, but the CIT(A) did not allow further time. Citing the settled law that principles of natural justice require the affected party to be granted sufficient opportunity to contest their case, the Tribunal decided to set aside the order of the CIT(A) and remit the matter back to the file of the assessing officer for de novo adjudication. The assessing officer was directed to pass a speaking order after affording sufficient opportunity of being heard to the assessee, who would also be at liberty to submit further evidence. The appeal was allowed for statistical purposes.
What were the facts?
The assessee, Saroj Mahendrabhai Seth, filed an appeal against the order dated 25.06.2025 passed by the Learned Commissioner of Income Tax (Appeal), National Faceless Appeal Centre (NFAC), Delhi. This order arose from an assessment order passed under Section 144 of the Income Tax Act, 1961, for the Assessment Year 2017-18. The assessee contended that the order passed by the CIT(A) was ex-parte and vitiated due to a violation of the principle of natural justice, as the assessee could not represent their case adequately. The assessee also claimed that additional evidence submitted to the CIT(A) was not admitted, and the order was passed without adjudicating on merits. The assessee sought a remand for fresh adjudication.
What were the issues?
1. Whether the ex-parte order passed by the Learned CIT(A) is vitiated due to a violation of the principle of natural justice, as contended by the assessee? (Question of law and fact, turning on principles of natural justice and procedural fairness). Assessee's Contention: The assessee argued that they were not given sufficient opportunity to represent their case before the CIT(A). The order was ex-parte, and additional evidence submitted was not considered. The assessee sought a remand for fresh adjudication. The assessee relied on the principle of natural justice and fair play. Revenue's Contention: The Learned DR for the Revenue did not raise any objection to the matter being restored back to the file of the CIT(A) for fresh adjudication.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC”
Before: DR. ARJUN LAL SAINI
Appellant by : Shri Paren Shah, Ld. AR Respondent by : Shri Abhimanyu Singh Yadav, Ld. Sr. DR Date of Hearing : 18/09/2025 : 23/09/2025 Date of Pronouncement ORDER Per, Dr. Arjun Lal Saini, AM:
The present appeal has been filed by the Assessee, against the order passed by the Learned Commissioner of Income Tax (Appeal), National Faceless Appeal, Centre (NFAC), Delhi [hereinafter referred to as “CIT(A)”] dated 25.06.2025 arising in the matter of assessment order passed u/s. 144 of the Income Tax Act, 1961 (here-in-after referred to as “the Act”) relevant to the Assessment Year 2017- 18.
At the outset itself, the ld. Counsel for the assessee assailed the impugned order 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. The Ld. Counsel for the assessee submitted that before the Ld.CIT(A), the assessee has submitted some additional evidences, however, the Ld.CIT(A) did not admit the additional evidence and passed the order ex-parte without adjudicating on merit. The Ld. Counsel further submitted that now the assessee wants to submit the some additional evidences and documents to prove his claim, therefore, matter may be remitted back to the file of the Ld.CIT(A) for fresh adjudication.
The ld. DR for the Revenue did not raise any objection if the matter is restored back to the file of the Ld. CIT(A) for fresh adjudication.
I have heard both the parties and carefully gone through the submission put forth on behalf of the assessee along with the documents furnished and the case laws relied upon, and perused the fact of the case including the findings of the ld CIT(A) and other materials brought on record. I 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.
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 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. The assessee has participated in appellate proceedings and sought adjournment during the appellate proceedings to file details and documents, 2 however, Ld. CIT(A) did not allow further time to the assessee. 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 turn, is also directed to contest his stand forthwith. I hold and direct accordingly. The assessing officer will afford opportunity of being heard to the Assessee before deciding the issue. The Assessee will also be at liberty to let in further evidence to substantiate its case. 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. For statistical purposes, the appeal of the assessee is treated as allowed
In the result, the appeal of the assessee is allowed for statistical purposes
Order is pronounced in the open court on 23/09/2025.
Recent GST High Court judgments
Search GST case law →- Dillip Kumar Behera vs. The Assistant Commissioner Of State Tax, Mayurbhanj CircleOrissa · 15 Oct 2026
- Dillip Kumar Behera vs. The Assistant Commissioner Of State Tax, Mayurbhanj CircleOrissa · 15 Oct 2026
- Tvl.Dev Construction vs. The Proper OfficerMadras · 15 Oct 2026
- Abbal Dass Arya vs. Commissioner State Goods And Services Tax CommissionerUttarakhand · 15 Oct 2026
- M/S Darbesh Medical Enterprise vs. State Of West Bengal And Ors.Calcutta · 15 Oct 2026