LATE SHRI LAL SINGH LH SHRI NARENDER,GURUGRAM vs. ITO WARD-2(1), GURUGRAM
What did the Tribunal hold?
The Tribunal set aside the ex-parte appellate order, holding it was contrary to the Act and prejudiced the legal heir. The matter was remanded to the CIT(A) for fresh adjudication after bringing the legal heir on record and providing proper opportunity.
What were the facts?
The assessee died in 2020, but the first appellate order was passed ex-parte in 2024 in the name of the deceased. The legal heir challenged this, arguing it violated natural justice principles.
What were the issues?
Validity of an ex-parte appellate order passed in the name of a deceased assessee; whether such an order should be set aside and remanded for fresh adjudication.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “SMC” DELHI
Before: SHRI PRADIP KUMAR KEDIA
PER PRADIP KUMAR KEDIA - A.M.: The captioned appeal has been filed by the assessee against the order of the Commissioner of Income Tax (Appeals)- ADDL/JCIT(A)-1, Delhi [‘CIT(A)’ in short] dated 24.01.2024 arising from the assessment order dated 16.12.2019 passed by the Assessing Officer (AO) under Section 143(3) r.w. Section 147 of the Income Tax Act, 1961 (the Act) concerning A.Y. 2012-13.
As per the grounds of appeal, the assessee has challenged the ex-parte order passed by the CIT(A) and endorsement of the additions / disallowances made in assessment order.
When the matter was called for hearing, the ld. counsel for the assessee submitted at the outset that the assessment order was passed on 16.12.2019. The assessee died on 20.07.2020. The first appellate order was passed on 24.01.2024. At the time of passing the first appellate order, the assessee was no more. The first appellate order was however passed in the name of the deceased- assessee. The legal heir Shri Narender has been brought on record in February, 2024. The ld. counsel thus submitted that ex-parte order in the circumstances is opposed to the principle of natural justice and therefore, deserves to be set aside and an opportunity should be given afresh to the legal heir of the assessee to address the First Appellate Authority on different aspects of the case.
The ld. DR for the Revenue submitted that it is left to the wisdom of the Tribunal to decide the issue as deemed expedient.
I have carefully considered the submissions made on behalf of the assessee and perused the case records.
In the circumstances where the assessee has died before passing of the first appellate order, the first appellate order drawn in the name of deceased assessee is contrary to the scheme of the Act. The ex-parte order is also unjust and unfair in the circumstances resulting in grave prejudice to the survivor / heir of the assessee.
Hence, without going into the merits of the case, the first appellate order is set aside and restored to the file of the CIT(A). The assessee shall be at liberty to address all the issues connected to the appeal and adduce such evidences as he may rely upon in support of his plea before the CIT(A). The legal heir shall be taken on record by the CIT(A). The CIT(A) shall adjudicate the issues involved afresh in accordance with law after giving proper opportunity to the assessee.
In the result, the appeal of the assessee is allowed for statistical purposes.
Order was dictated and pronounced in the open Court on 20th June, 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 →- M/S Shivam Tiles House vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- Imtiyaz Shaikh Z Chorlekar vs. Salman ShaikhBombay · 21 Oct 2026
- Dr Babasaheb Ambedkar Marathwada University Thr Its Registrar Prashant S Amrutkar vs. Union Of INDIA Thr The Secretary And OthersBombay · 19 Oct 2026
- Babasaheb Ambedkar Marathwada University Thr Registrar Prashant S Amrutkar vs. Union Of INDIA Thr Secretary And OthersBombay · 19 Oct 2026
- Vinishma Technologies Private Limited vs. State Of KarnatakaKarnataka · 17 Oct 2026