Facts
The assessee claimed net agricultural income of Rs. 33,64,700/- on a gross income of Rs. 39,62,750/-. The Assessing Officer (AO) added the entire agricultural income as 'income from other sources' because the assessee failed to provide sufficient details regarding its earning. The First Appellate Authority (FAA) dismissed the appeal ex-parte due to non-compliance with notices.
Held
The Tribunal noted that the FAA's order was ex-parte due to the assessee's failure to respond to notices. While deprecating the assessee's attitude, the Tribunal decided to restore the matter to the FAA for a fresh adjudication in the interest of justice and fair play, granting one last opportunity.
Key Issues
Whether the appeal should be restored to the FAA for fresh adjudication given the assessee's non-compliance with notices.
Sections Cited
250 of the Income Tax Act, 1961
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘D’ BENCH, CHENNAI
Before: SHRI GEORGE GEORGE K & SHRI INTURI RAMA RAO
आदेश/ O R D E R
PER GEORGE GEORGE K, VICE PRESIDENT:
This appeal filed by the assessee is directed against the order of Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, dated 25.07.2025 passed under section 250 of the Income Tax Act, 1961 (hereinafter called ‘the Act’). The relevant Assessment Year is 2020-21.
At the very outset, we notice that the order passed by the First Appellate Authority (FAA) is ex-parte, since there was no compliance from the assessee to three notices issued from the office of the First Appellate Authority.
The Ld.AR submitted that the assessee is an agriculturist. The assessee claimed gross agricultural income of Rs.39,62,750/- after incurring expenditure of Rs.5,98,050/- and had disclosed net agricultural income of Rs.33,64,700/-. During the course of assessment proceedings, assessee was directed to explain the receipt of agricultural income. In response to show-cause notice issued, assessee had submitted partial details / evidence in support of holding agricultural land, etc. However, no details were furnished with regard to earning of agricultural income to the extent of gross agricultural income of Rs.39,62,750/-. Hence, the AO added the entire agricultural income as ‘income from other sources’. The Ld.AR further submitted that since the assessee has not responded to the show-cause notices issued from the office of FAA, the FAA dismissed the appeal of the assessee. The Ld.AR submitted that the assessee is a farmer and is not well-versed with online proceedings, hence 3 -: the assessee failed to respond to the notices issued from the office of the FAA. Therefore, it was prayed that one last opportunity may be provided to the assessee to represent his case before the FAA.
The Ld.DR submitted that adequate opportunities were provided from the offices of the FAA and there is no violation of principles of natural justice. Therefore, it was prayed the appeal of the assessee may be dismissed.
We have heard rival submissions and perused the materials on record. The proceedings before the FAA was ex-parte, since the assessee did not respond to various notices issued from the office of the FAA. The Ld.AR submitted that assessee being an agriculturist not well-versed with online proceedings failed to respond to the notices issued from the FAA. We strongly deprecate the nonchalant attitude of the assessee in not responding to the notices issued from the offices of the FAA. However, in the interest of justice and fair play, we are of the view that the matter ought to be restored to the files of the FAA as a last opportunity. Accordingly, the matter is remitted to the files of the FAA for fresh adjudication. The FAA shall afford reasonable opportunity of hearing to the assessee. The assessee is directed to 4 -: co-operate with the Revenue and shall not seek unnecessary adjournment. It is ordered accordingly.
In the result, the appeal filed by the assessee is allowed for statistical purposes.