RAJENDARA KUMAR DHAR,NEW DELHI vs. INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH, NEW DELHI

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ITA 1346/DEL/2025Status: DisposedITAT Delhi11 December 2025AY 2017-18Bench: SHRI ANUBHAV SHARMA, JUDICIAL MEMBER, SHRI NAVEEN CHANDRA (Accountant Member)3 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal found that the assessee should have been given a sufficient opportunity to be heard. Therefore, the appeal was restored to the Assessing Officer for a fresh decision after providing adequate opportunity.

What were the facts?

The assessee, a non-resident residing outside India, did not receive notices, leading to an ex-parte assessment under Section 144. The CIT(A) confirmed the Assessing Officer's action.

What were the issues?

Whether the ex-parte assessment and confirmation by CIT(A) were valid without providing adequate opportunity to the assessee.

Which sections of the Income-tax Act were involved?

Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘C’ BENCH,

Before: SHRI ANUBHAV SHARMA, & SHRI NAVEEN CHANDRA

For Appellant: Shri Sumit Goenka, CA
For Respondent: Shri Om Prakash, Sr. DR
Hearing: 03.12.2025Pronounced: 03.12.2025

This appeal by the assessee is directed against the order of the ld.

CIT(A), Delhi dated 04.03.2025 pertaining to A.Y 2017-18.

2.

At the very outset, we find that the assessment has been made ex parte and the ld. CIT(A) has followed suit by confirming the action of the Assessing Officer.

3.

Before us, the ld AR of the assessee submitted that there no compliance by the assessee before the AO on account of the fact that [A.Y 2017-18] Shri Rajendra Kumar Dhar the assessee is a non-resident and was residing outside India and he did not receive any notices. It is the say of the ld AR that in absence of the assessee response, the AO made an assessment u/s 144 ex-parte.

4.

Per contra, the ld DR relied on the orders of the AO and the CIT(A).

5.

We have heard the rival submissions and have perused the materials on record. In the above factual matrix of the instant case, we are of the considered view that the assessee ought to have been given sufficient opportunity of being heard. Therefore, in the interest of justice and fair play, we deem it fit to restore the appeal to the file of the ld. Assessing Officer.

6.

The Assessing Officer is directed to decide the issues afresh after affording a reasonable and adequate opportunity of being heard to the assessee. The assessee is also directed to provide necessary information/documents as required by the authorities. allowed for statistical purposes.

Order pronounced in open court on 03.12.2025.

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