Facts
Two different assessees filed appeals against orders passed u/s 250 of the Income-tax Act, 1961, pertaining to A.Y. 2015-16 and 2017-18. These orders arose from assessment orders u/s 147 and u/s 272A(1)(d), and were passed ex-parte by the Ld. CIT(A) without granting the assessees a proper opportunity of being heard.
Held
The Tribunal set aside the impugned ex-parte orders of the Ld. CIT(A) and restored all effective issues to the file of the Ld. CIT(A) for fresh adjudication. The CIT(A) is directed to pass a speaking order u/s 250(6) after providing proper opportunity of hearing to the assessees. The assessees were also directed to update their contact information and remain vigilant.
Key Issues
Whether the ex-parte orders passed by the CIT(A) without granting proper opportunity of hearing to the assessees should be set aside and the matters remanded for fresh adjudication.
Sections Cited
Section 250, Section 147, Section 272A(1)(d), Section 250(6)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, A BENCH,
Before: Dr. MANISH BORAD & SHRI VINAY BHAMORE
Year: 2015-16 R.B. Diamond House, PNE-C-1, Range-25, Opposite Manohar Sarees Circle-1, Jalgaon Baliram Peth, Jalgaon- Vs. 425001 Maharashtra PAN-AAIFR9130Q अपीलार्थी / Appellant प्रत्यर्थी/Respondent आयकर अपील सं./ITA No. 2549/PUN/2025 धििाारण वर्ा /Assessment Year: 2017-18 Raisoni Bagrecha Diamonds PNE-C-(25)(1), Circle- Private Limited, 1, Jalgaon 288, Baliram Peth, Jalgaon- Vs. 425001 Maharashtra PAN-AADCR7439N अपीलार्थी / Appellant प्रत्यर्थी/Respondent Assessee by: Shri Sanjay T. Tupe Department by: Shri R.Y. Balawade, Addl. CIT Date of hearing: 28-01-2026 Date of Pronouncement: 30-01-2026 आदेश / ORDER PER DR. MANISH BORAD, ACCOUNTANT MEMBER :- The captioned appeals by two different assessee’s are directed against the order passed u/s 250 of the Income-tax Act, 1961 dated 10.06.2025 and 14.08.2025 pertaining to A.Y. 2 & 2015-16 and A.Y. 2017-18 which are arising out of assessment order u/s 147 of the Act and u/s 272A(1)(d) of the Act respectively.
At the outset Ld. Counsel for both the assessee’s in the instant appeal submitted that assessee’s failed to get proper opportunity of being heard by Ld. CIT(A) and therefore humbly prayed for affording one more opportunity of appearing before Ld. CIT(A) for necessary adjudication for the issues raised in the respective appeals. Ld. Departmental Representative (DR) fairly did not object to the request made by Ld. Counsel for the assessee.
We have heard rival contentions and perused the records placed before us. We note that both the impugned orders are ex-parte and assessee failed to respond to notice of hearing. It is also the contentions of Ld. Counsel for the assessee that fair opportunity has not been granted. Considering the facts and circumstances of the case, in the larger interest of justice and being fair to both the parties, we deem it appropriate to set aside the impugned orders and restore all the effective issues raised in the instant two appeals to the file of Ld. CIT(A) for afresh adjudication and to pass a speaking order as contemplated u/s 250(6) of the Act after duly considering the submissions of the assessee’s. Needless to mention that proper opportunity of hearing shall be granted to the assessee. Further assessee is required to update her latest e-mail id and mobile No. on the website and also remain vigilant and not to take adjournment unless otherwise required for reasonable cause. Effective grounds of appeal raised by the assessee’s are allowed for statistical purposes.
3 & 4. In the result, appeals of the assessee’s are allowed for statistical purposes.