SHASHANK JAIN,GWALIOR vs. ITO, WARD 1(1), GWALIOR

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ITA 482/AGR/2025Status: DisposedITAT Agra17 December 2025AY 2017-18Bench: SHRIS.RIFAUR RAHMAN (Accountant Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the matter required a fresh assessment in the interest of justice. Therefore, the appeal was remitted back to the Assessing Officer for a de novo assessment.

What were the facts?

The assessee's appeal was dismissed by the CIT(A) for non-prosecution despite multiple opportunities. The CIT(A) did not decide the issue on merit, and the Assessing Officer had also passed an ex-parte order.

What were the issues?

Whether the appeal should be decided on merit or dismissed for non-prosecution, and the validity of ex-parte orders passed by lower authorities.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AGRA BENCH ‘SMC’: AGRA

For Respondent: Shri Shailender Shrivastava, Sr. DR
Hearing: 17.12.2025

(Assessment Year: 2017-18) Shashank Jain, vs. ITO, Ward 1(1), 303, Vincon Plaza, Gwalior. Shinde Ki Chhawani, Lashkar, Gwalior – 474 009 (Madhya Pradesh). (PAN : AMQPJ0747B) (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

1.

This appeal is filed by the assessee against the order of ld. Commissioner of Income-tax (Appeals)/National Faceless Appeal Centre (NFAC), Delhi dated 21.08.2025 for Assessment Year 2017-18.

2.

None appeared on behalf of the assessee. I proceeded to adjudicate the issue with the assistance of ld. DR of the Revenue.

3.

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. Ld. DR of the Revenue relied on the orders of the lower authorities.

4.

I have considered the submissions of the ld. DR of the Revenue and perused the material on record. Upon careful consideration, I am of the considered view that in the interest of justice, the matter requires denovo assessment. Therefore, I 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. I hold and direct accordingly.

5.

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.

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