SHRI VIPAN GUPTA,JAMMU vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE, JAMMU

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ITA 304/ASR/2025Status: DisposedITAT Amritsar16 December 2025AY 2015-16Bench: Tribunal. The only prayer of Ld. AR is another opportunity of hearing on the ground that the assessee is in a position to substantiate its case. The Ld. Sr. DR pleaded for dismissal of the appeals.2. Keeping in mind the principles of natural justice, I deem it fit to grant another opportunity of hearing to the assessee. Accordingly, the impugned orders are set aside for all the years and the respective appeals are restored back to Ld. CIT(A) for de novo adjudication on merits with a directi2 pages

AI SummaryRemanded

Facts

The assessee filed appeals for Assessment Years 2014-15 to 2016-17 against ex-parte best judgment assessments framed under section 144. The Ld. CIT(A) confirmed these assessments due to the assessee's failure to make an effective representation before the lower authorities.

Held

The Tribunal, upholding the principles of natural justice, set aside the impugned orders for all assessment years. The appeals were restored to the CIT(A) for de novo adjudication on merits, with a specific direction to the assessee to present and prove its case forthwith.

Key Issues

Whether ex-parte assessments confirmed by the CIT(A) should be set aside, granting the assessee another opportunity of hearing to present its case based on principles of natural justice.

Sections Cited

Section 144 of Income Tax Act

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, AMRITSAR

(निर्धारण वर्ा / Assessment Year: 2016-17) ShrI Vipan Gupta DCIT Central circle बिधम/ Vs. Shiv Nagar, Jammu – 180001 Aaykar Bhawan, Panama Chowk Jammu - 180012 स्थायीलेखासं./जीआइआरसं./PAN/GIR No. AHJPG-8586-D (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant by : Sh. Joginder Singh CA) – Ld. AR प्रत्यथीकीओरसे/Respondent by : Sh. Charan Dass (Addl. CIT) – Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 16-12-2025 घोषणाकीतारीख /Date of Pronouncement 16-12-2025 : आदेश / O R D E R

Aforesaid appeals by assessee for Assessment Years (AY) 2014- 15 to 2016-17 arises out of ex-parte orders of lower authorities. The assessment for these years has been framed on best judgment basis u/s 144. The Ld. CIT(A) has confirmed the assessments by way of orders dated 11-02-2025 for want of any effective representation from the assessee. Aggrieved, the assessee is in further appeals before Tribunal. The only prayer of Ld. AR is another opportunity of hearing on the ground that the assessee is in a position to substantiate its case. The Ld. Sr. DR pleaded for dismissal of the appeals.

Keeping in mind the principles of natural justice, I deem it fit to grant another opportunity of hearing to the assessee. Accordingly, the impugned orders are set aside for all the years and the respective appeals are restored back to Ld. CIT(A) for de novo adjudication on merits with a direction to the assessee to plead and prove its case forthwith.

All the appeals stand allowed for statistical purposes. Order pronounced on 16th December, 2025.