Facts
Two appeals were filed by different assessees challenging orders passed by the CIT(A) under Section 250 of the Income-tax Act, 1961, for AY 2015-16 and AY 2017-18. The assessees contended that the CIT(A) passed ex-parte orders without providing them a proper opportunity of being heard.
Held
The Tribunal noted the ex-parte nature of the orders and the assessees' plea for a fair opportunity. In the interest of justice, it set aside the impugned orders and restored all issues to the file of the CIT(A) for fresh adjudication. The CIT(A) was directed to pass a speaking order under Section 250(6) after granting the assessees proper opportunity of hearing.
Key Issues
Whether the CIT(A) erred in passing ex-parte orders without providing proper opportunity of hearing to the assessees.
Sections Cited
250, 147, 272A(1)(d), 250(6)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, A BENCH,
Before: Dr. MANISH BORAD & SHRI VINAY BHAMORE
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.