GOENKA TRADING COMPANY,ANNUPUR vs. ACIT CENTRAL CIRCLE, JABALPUR
Facts
The assessee, a partnership firm engaged in trading of clothes, filed its return for AY 2020-21. The AO completed the assessment by making additions for unexplained investment and money. The assessee's appeal before the CIT(A) was dismissed for non-prosecution.
Held
The CIT(A) had rejected the assessee's adjournment application and passed an ex-parte order without affording sufficient time and opportunity. Therefore, the impugned order of the CIT(A) should be set aside and the matter restored for a fresh decision.
Key Issues
Whether the CIT(A) erred in dismissing the appeal for non-prosecution without affording adequate opportunity to the assessee.
Sections Cited
143(3)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, JABALPUR BENCH “SMC”, JABALPUR
Before: SHRI ANADEE NATH MISSHRA
(A) This appeal vide I.T.A. No.106/JBP/2025 has been filed by the assessee for assessment year 2020-21 against impugned appellate order dated 19/02/2025 (DIN & Order No.ITBA/APL/S/250/2024- 25/1073463428(1) of Commissioner of Income Tax (Appeals) [“CIT(A)” for short].
(B) The facts of the case, in brief, are that the assessee is partnership firm engaged in trading of cloths. The assessee filed its return of income on 08/10/2020 declaring total income of Rs.7,37,900/-. The Assessing Officer
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completed the assessment and passed assessment order on 30/09/2022 u/s 143(3) of the Income Tax Act, 1961 (“the Act” for short) and determined the total income of the assessee at Rs.27,50,120/- by making addition of Rs.20,06,437/- on account of unexplained investment and Rs.5,783/- on account of unexplained money. Being aggrieved, the assessee filed appeal in the office of learned CIT(A). Vide impugned order dated 19/02/2025, the assessee’s appeal was dismissed by the learned CIT(A) for non prosecution.
(C) Being aggrieved, the assessee has filed the present appeal in Income Tax Appellate Tribunal against the aforesaid impugned appellate order of learned CIT(A). In the course of appellate proceedings in ITAT learned A.R. for the assessee submitted that the adjournment application moved by the assessee was rejected by learned CIT(A). He also submitted that the learned CIT(A) had afforded only one opportunity and has passed ex-parte order without affording sufficient time and opportunity to the assessee. 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 expressed no objection and left the matter to the discretion of the Bench.
(D) Both sides have been heard. Materials on record have been perused. In view of the submissions made by the Learned A. R. for the assessee, the impugned appellate order of learned CIT(A) dated 19/03/2022 is set aside to the file of learned CIT(A) with the direction to pass de novo speaking
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order in accordance with law after providing reasonable opportunity of being heard to the assessee.
(E) In the result, the appeal of the assessee is partly allowed for statistical purposes.
(Order pronounced in the open court on 28/08/2025)
Sd/. (ANADEE NATH MISSHRA) Accountant Member
Dated:28/08/2025 *Singh
Copy of the order forwarded to : 1. The Appellant 2. The Respondent. 3. Concerned CIT 4. D.R., I.T.A.T., Jabalpur
