NAFEES ALI,JABALPUR vs. INCOME TAX OFFICER, WARD 1(2), JABALPUR

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ITA 192/JAB/2024Status: DisposedITAT Jabalpur29 August 2025AY 2019-203 pages
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What did the Tribunal hold?

The Tribunal held that the impugned appellate order of the CIT(A) was passed without affording sufficient opportunity to the assessee and without passing a speaking order on merits, as mandated by Section 250(6) of the Income Tax Act. The Tribunal found that the CIT(A) dismissed the assessee's appeal in a summary manner. Consequently, the Tribunal set aside the order of the CIT(A) and restored the issues in dispute back to the file of the CIT(A). The CIT(A) was directed to pass a de novo order in accordance with law, after providing a reasonable opportunity of being heard to the assessee and ensuring adherence to Section 250(6) of the IT Act. The appeal was allowed for statistical purposes.

What were the facts?

The assessee, Nafeel Ali, filed an appeal for Assessment Year 2019-20 against an order dated 21/10/2024 passed by the Commissioner of Income Tax (Appeals) [CIT(A)]. The appeal was filed beyond the prescribed time limit under Section 253(3) of the IT Act, but the delay was condoned by the Tribunal. The Assessing Officer had completed the assessment under Section 147 read with Section 144B, determining the total income at Rs. 33,07,933/- and making an addition of Rs. 26,24,978/- under Section 69C. The assessee's appeal before the CIT(A) was dismissed for non-prosecution, resulting in an ex-parte order.

What were the issues?

1. Whether the CIT(A) erred in dismissing the assessee's appeal for non-prosecution without affording sufficient opportunity, thereby violating the principles of natural justice and Section 250(6) of the Income Tax Act, 1961? Assessee's Contention: The learned Authorized Representative for the assessee argued that the CIT(A) passed the impugned order without granting adequate time and opportunity to the assessee. It was further contended that the CIT(A) failed to pass a speaking order on merits as required by Section 250(6) of the Act, dismissing the appeal summarily. The assessee sought for the order to be set aside and the issue restored to the CIT(A) for a fresh order after providing a reasonable opportunity. Revenue's Contention: The learned Senior Departmental Representative for the Revenue did not object to the assessee's application for condonation of delay and left the matter to the discretion of the Bench regarding the main appeal.

Which sections of the Income-tax Act were involved?

Section 253(3),Section 147,Section 144B,Section 69C,Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JABALPUR BENCH “SMC”, JABALPUR

Before: SHRI ANADEE NATH MISSHRA

For Appellant: Shri Sapan Usrethe, Advocate

(A) This appeal vide has been filed by the assessee for assessment year 2019-20 against impugned appellate order dated 21/10/2024 (DIN & Order No.ITBA/NFAC/S/250/2024- 25/1069806820(1) of Commissioner of Income Tax (Appeals) [“CIT(A)” for short].

(B) This appeal has been filed by the assessee, beyond time limit prescribed under section 253(3) of IT Act. The assessee has submitted application for condonation of delay in filing of the appeal pleading that the delay was unintentional and beyond the control of the assessee and has requested to admit the appeal for hearing. The learned Sr. Departmental Representative for Revenue did not express any objection to assessee’s application for condonation of delay in filing of the appeal. In view of the foregoing, and in specific facts and circumstances of the present appeal before us, the delay in filing of this appeal is condoned; and the appeal is admitted for hearing.

(C) The facts of the case, in brief, are that the assessee is an individual and has filed his return of income for the year under consideration on 24/12/2019 disclosing income of Rs.6,82,955/-. The Assessing Officer completed the assessment u/s 147 read with section 144B of the Act 05/03/2024 and determined the total income of the assessee at Rs.33,07,933/- and made an addition of Rs.26,24,978/- u/s 69C of the Act. Being aggrieved, the assessee filed appeal in the office of learned CIT(A). Vide impugned appellate order dated 21/10/2024, the assessee’s appeal was dismissed by the learned CIT(A) for non-prosecution. The order of learned CIT(A) was passed ex-parte qua the appellant assessee.

(D) The assessee has filed the present appeal in Income Tax Appellate Tribunal against the aforesaid impugned appellate order of learned CIT(A). At the time of hearing, Learned A.R. for the assessee submitted that the learned CIT(A) passed impugned order without affording sufficient time and opportunity to the assessee. The learned AR for the assessee further submitted that the learned CIT(A) failed to pass a speaking order on merits and dismissed the assessee’s appeal in a summary manner for violation of the provisions u/s 250(6) of the Act. He further submitted that the learned CIT(A) was duty bound u/s 250(6) of the IT Act to pass a speaking order on various grounds of appeal, on merits, but learned CIT(A) failed to do so. In view of the foregoing, learned AR for the assessee submitted, the impugned order of learned CIT(A) should be set aside and the issue in dispute should be restored to the file of learned CIT(A) with the direction to pass fresh order in accordance with law after providing reasonable opportunity to the assessee. The learned Sr. D.R. for the Revenue did not express any objection to this, and left the matter to the discretion of the Bench. In view of the submissions made, the impugned appellate order of learned CIT(A) is set aside and issues in dispute are restored back to the file of learned CIT(A) with the direction to pass de novo order, in accordance with law after providing reasonable opportunity of being heard to the assessee, and ensuring adherence to section 250(6) of the I. T. Act.

(E) In the result, the appeal of the assessee is partly allowed for statistical purposes.

(Order pronounced in the open court on 29/08/2025)

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