RAVI SHARMA,GWALIOR vs. ITO, GWALIOR
What did the Tribunal hold?
The Tribunal found that the issue was not decided on merit by the lower authorities. Therefore, in the interest of justice, the matter was remitted back to the Assessing Officer for a fresh assessment.
What were the facts?
The assessee filed an appeal against the CIT(A)'s order. The CIT(A) dismissed the appeal for non-prosecution, and the Assessing Officer had also passed an ex-parte order. The assessee did not appear before the ITAT.
What were the issues?
Whether the lower authorities correctly decided the appeal on merit when the assessee failed to appear. Whether a denovo assessment is required due to ex-parte orders.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, AGRA BENCH ‘DB’: AGRA
(Assessment Year: 2023-24) Ravi Sharma, vs. ITO, Ward 2(1), 1, Kishan Bagh, Lakshmipuram, Gwalior. Bahodapur, Gwalior – 474 001 (Madhya Pradesh). (PAN : DWBPS4172R) (APPELLANT) (RESPONDENT) ASSESSEE BY : None REVENUE BY : Shri Shailender Shrivastava, Sr. DR Date of Hearing : 17.12.2025 Date of Order : 17.12.2025 O R D E R
PER S. RIFAUR RAHMAN, ACCOUNTANT MEMBER :
This appeal is filed by the assessee against the order of ld. Commissioner of Income-tax (Appeals)/National Faceless Appeal Centre (NFAC), Delhi dated 29.08.2025 for Assessment Year 2023-24.
None appeared on behalf of the assessee. wE proceeded to adjudicate the issue with the assistance of ld. DR of the Revenue.
At the time of hearing, it was observed that that the ld. CIT (A) decided the issue against the assessee by observing that assessee has not pursued the appeal despite being granted several opportunities and the details are given in the first appellate order and dismissed the appeal. It is observed that ld. CIT (A) has not decided the issue on merit and affirmed the order of the Assessing Officer who has also passed the order ex-parte u/s 144 r.w.s. 144B of the Income-tax Act, 1961. Ld. DR of the Revenue relied on the orders of the lower authorities.
We have considered the submissions of the ld. DR of the Revenue and perused the material on record. Upon careful consideration, we are of the considered view that in the interest of justice, the matter requires denovo assessment. Therefore, we remit back the issues to the file of the Assessing Officer with the directions to decide the same afresh, after giving adequate opportunity of being heard to the assessee, for which Ld. DR has no objection. Assessee is directed to fully cooperate with the AO during the proceedings. We hold and direct accordingly.
In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open court on this 17th day of December, 2025 after the conclusion of the hearing.
More judgments on Section 144B
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- Mohammed Javed Bhati, Sikar vs Income Tax Officer, Ward 1, SikarITA 994/JPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Haresh Sharma, Ahmedabad vs ITO, Ward 5(3)(1), AhmedabadITA 2125/AHD/2026[2019-2020]Status: Disposed21 Oct 2026AY 2019-2020
- Haresh Sharma, Ahmedabad vs ITO, Ward 5(3)(1), AhmedabadITA 2124/AHD/2026[2019-20]Status: Disposed21 Oct 2026AY 2019-20
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
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