Facts
During assessment proceedings, the assessee's authorized representative failed to furnish relevant documents, leading to an ex-parte assessment order under section 144(1)(b). On appeal, the Ld. CIT(A) dismissed the case without granting the assessee further time to submit the necessary evidence, despite a request for adjournment to gather documents.
Held
The Tribunal observed that the Ld. CIT(A) did not decide the issue on merits as per section 250(6) of the Act. With the consent of both parties, the Tribunal set aside the CIT(A)'s order and remitted the matter back to the Assessing Officer for fresh adjudication, ensuring the assessee is granted adequate and fair opportunity to present all relevant evidence.
Key Issues
Whether the CIT(A) was justified in dismissing an appeal ex-parte without providing an adequate opportunity to the assessee to furnish evidence, and if the matter should be remitted for fresh adjudication.
Sections Cited
section 250, section 144(1)(b), section 250(6)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, RAJKOT BENCH: RAJKOT
Before: DR. ARJUN LAL SAINI & SHRI DINESH MOHAN SINHA
(िनधा�रण वष�/Assessment Year: (2017-18) Naimishbhai Harshbhai Sheth Assistant Commissioner of बनाम 101, Shrinathji Apartment, 8, Income-tax, Circle-2(1), Jagnath Plot, Rajkot-360 001 /Vs. Rajkot, Income Tax Office, New Aayakar Bhawan, Vatiaka, Rajkot-360 001 �थायी लेखा सं./जीआइआरसं./PAN/GIR No.: ANKPS 5522 Q (अपीलाथ�/Appellant) (��यथ�/Respondent) �नधा�रती क� ओर से/Appellant by : Shri Fenil H. Mehta, Ld.A.R. राज�व क� ओर से/Respondent by : Shri Abhimanyu Singh Yadav, Ld.Sr. D.R. सुनवाई क� तार�ख/ Date of Hearing : 04/08/2025 घोषणा क� तार�ख/Date of Pronouncement : 04/08/2025 आदेश / O R D E R PER DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER: Captioned appeal filed by the assessee, pertaining to Assessment Year (AY) 2017-18, is directed against the order under section 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) passed by the National Faceless Appeal Centre (NFAC), Delhi/Learned Commissioner of Income Tax(Appeals) (in short “Ld.CIT(A)”, dated 04.04.2025, which in turn arises out of an assessment order passed by the Assessing Officer u/s 144(1)(b) of the Act, dated 02.07.2019.
Shri Fenil H. Mehta, Learned Counsel for the assessee, at the outset, submitted that during assessment proceedings, due to mistake of Ld. Authorized Representative of assessee, the relevant documents and evidences could not be furnished. Therefore, Assessing Officer has passed ex- parte order. On appeal, before Ld.CIT(A), the assessee requested for adjournment in connection with notice of hearing issued on 02.04.2025 to gather the required documentary evidences which were vital for preparation of assessee`s submission, and to contest the assessee`s issue in appeal, under consideration, however, Ld. CIT(A) did not give further time to the assessee, to file more details documents and evidences to prove his claim and on the contrary, the Ld. CIT(A) dismissed the appeal of assessee. The Ld. Counsel for the assessee, contended that since the assessee wanted to submit required details and documents before ld. CIT(A), which assessee could not submit for the reasons stated above, therefore, now the assessee, wants to submit some more details and documents to prove his claim before the assessing officer, therefore, this lis of the assessee, may be remitted back to the file of the Assessing Officer, for fresh adjudication. Therefore, Ld. Counsel for the assessee, prayed before the Bench that one more opportunity should be given to the assessee to plead his case before Assessing Officer.
Learned Sr-DR of the Revenue has submitted that assessee is negligent in his approach and on account of non- compliance attitude of the assessee, a cost may be imposed on the assessee. The ld DR further stated that he did not have any objection, if the matter is remitted back to the file of lower authorities.
We have heard both the parties and gone through materials available on record. We note that ld. CIT(A) has not decided the issue in respect of the ground raised by the assessee in Memo of Appeal as per the mandate of provisions of section 250(6) of the Act. The Ld. Counsel of the assessee requested to set aside the order of CIT(A) and requested the Bench that matter may be remitted back to the file of the Assessing Officer for fresh adjudication, as the assessee wants to file additional evidences and ld. Counsel for the assessee, undertook the responsibility