SANJAY TYAGI,SHAHPUR MORTA vs. ITO WARD 2(2)(4), GHAZIABAD
What did the Tribunal hold?
The Tribunal found that the CIT(A) had not addressed the assessee's substantive grounds or provided a speaking adjudication as required by section 250(6). Consequently, the appeal was restored to the CIT(A)/NFAC for fresh adjudication, allowing the assessee three opportunities to present their case, subject to their sole risk and responsibility.
What were the facts?
The appeal by Sanjay Tyagi for AY 2012-13 challenged a CIT(A) order that upheld an ex-parte assessment. The Assessing Officer had added Rs.25,10,500/- as undisclosed income under section 69, representing cash deposits. The assessee failed to appear during both the assessment and lower appellate proceedings.
What were the issues?
Whether the CIT(A) erred in upholding an ex-parte assessment without a speaking adjudication on substantive grounds, despite the assessee's non-appearance in prior proceedings.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘G’, NEW DELHI
Before: Sh. Satbeer Singh Godara & Sh. Avdhesh Kumar Mishra
Asstt. Year : 2012-13 Sanjay Tyagi, Vs Income Tax Officer, H.No. 34, Shahpur Nij Morta, Ward-2(2)(4), Ghaziabad-201003 Ghaziabad-201002 (APPELLANT) (RESPONDENT) PAN No. AFIPT2764H Assessee by : None Revenue by : Sh. Sahil Kumar Bansal, Sr. DR Date of Hearing: 18.12.2024 Date of Pronouncement: 18.12.2024 ORDER
Per Satbeer Singh Godara, Judicial Member:
This assessee’s appeal for Assessment Year 2012-13, arises against the order of CIT(A)/NFAC, Delhi’s order dated 17.11.2023 in DIN & order No. ITBA/NFAC/S/250/2023- 24/1058023550(1), in proceedings u/s 147 r.w.s. 144 of the Income Tax Act, 1961 (in short “the Act”).
Case called twice. None appears at the assessee’s behest. It is accordingly proceeded ex-parte.
It emerges from a perusal of the instant case file and the department valuable assistance that the Assessing Officer had framed ex-parte assessment against the assessee on 08.11.2019 adding an amount off Rs.25,10,500/- as undisclosed income u/s 69 of the Act representing cash deposits and the CIT(A)/NFAC has upheld the same in the impugned lower appellate order.
Sanjay Tyagi 4. Mr. Bansal vehemently argues during the course of hearing that the assessee had neither appeared in the assessment nor in the lower appellate proceedings despite having served various statutory notices. He could hardly dispute the fact that the assessee’s corresponding substantive ground merit have nowhere been dealt in the impugned lower appellate discussion much less that having framed points of determination followed by a speaking adjudication thereof as contemplated u/s 250(6) of the Act.
Faced with this situation, we deem it appropriate in the larger interest of justice to restore the assessee’s instant appeal back to the CIT(A)/NFAC for it’s afresh appropriate adjudication within three effective opportunities of hearing, subject to a rider that it shall be the assessee's sole risk and responsibility to plead and prove with all relevant facts, in consequential proceedings. Ordered accordingly.
This assessee’s appeal is allowed for statistical purposes. Order Pronounced in the Open Court on 18/12/2024.
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
Recent GST High Court judgments
Search GST case law →- Manoj Kumar Prop M K Steel Traders vs. Additional Commissioner, Central Goods And Services Tax & Anr.Delhi · 28 Oct 2026
- M/S. Rohit Medical Systems vs. Commissioner Of Delhi Goods And Services Tax And Anr.Delhi · 28 Oct 2026
- Manoj Kumar Prop M K Steel Traders vs. Additional Commissioner, Central Goods And Services Tax & Anr.Delhi · 28 Oct 2026
- Shivam Kumar vs. The State Of BiharPatna · 28 Oct 2026
- M/S Rajkalpana Travels PVT. LTD. vs. Commissioner CGST, Delhi North CommissionerateDelhi · 28 Oct 2026