Facts
The assessee's appeal was dismissed by the Ld. CIT(A) due to non-appearance on four hearing dates. The assessment for AY 2016-17 was completed under section 147 read with section 144B of the Act, with an addition of ₹10,48,100/- under section 69A for unexplained money.
Held
The Tribunal observed that the CIT(A)'s order was ex-parte and afforded the assessee one more opportunity to present her case. The appeal was restored to the file of the Ld. CIT(A) for fresh adjudication.
Key Issues
Whether the assessee should be granted another opportunity to appear before the Ld. CIT(A) after an ex-parte order was passed due to non-compliance?
Sections Cited
250, 147, 144B, 69A
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, NAGPUR “SMC” BENCH : NAGPUR
Before: DR. MANISH BORAD
This appeal at the instance of the assessee is directed against the order of Ld. Commissioner of Income Tax (Appeals)/NFAC, Delhi [“CIT(A)”], dated 01/09/2025 passed u/s. 250 of the Income Tax Act, 1961 (for short, 'the Act') which is arising out of assessment order dated 07.03.2024 passed u/s. 147 r.w.s. 144B of the Act for the Assessment Year 2016-17 (A.Y.)
At the outset, learned counsel for the assessee submitted that due to non-compliance before the Ld.CIT(A), appeal of the assessee has been dismissed. Prayer made to afford one more
2 ITA.No.747/NAG/2025 (Meena Gurnani) opportunity to go before the Ld. CIT(A). Ld. DR did not raise any objection to the innocuous prayer made by the learned counsel for the assessee.
I have heard rival contentions and perused the records placed before me. I observe that the order passed by the Ld.CIT(A) is exparte as the assessee failed to appear on the dates fixed for hearing on four occasions. I also observe that assessee is an individual and the assessment for A.Y.2016-17 completed u/s. 147 r.w.s. 144B of the Act and addition of ₹10,48,100/- has been made u/s. 69A of the Act as unexplained money. Therefore, considering the facts and circumstances of the case, I deem it appropriate to afford one more opportunity to the assessee to substantiate her case before the Ld.CIT(A) and multiple grounds of appeal in the instant appeal are restored to the file of Ld.CIT(A) for necessary adjudication and to pass a speaking order as contemplated u/s. 250(6) of the Act. Needless to mention that before passing the order, Ld.CIT(A) shall grant fair opportunity of hearing to the assessee. Assessee is also directed to remain vigilant and not to take any adjournments unless otherwise required for reasonable cause and file all the details called for by the Ld.CIT(E). Thus, impugned order is set aside and the effective grounds of appeal raised by the assessee are allowed for statistical purposes.
3 ITA.No.747/NAG/2025 (Meena Gurnani) 4. In the result, appeal of the Assessee is allowed for statistical purposes.