HARAKCHAND G. PATEL,MUMBAI vs. ITO 25(1)(1), MUMBAI
What did the Tribunal hold?
The Tribunal found that the assessee had a reasonable cause for non-attendance and, following principles of natural justice, decided to remand the matter to the CIT(A) for fresh adjudication.
What were the facts?
The assessee's appeal was decided ex-parte by the CIT(A) because notices were allegedly not served at the assessee's new address. The assessee claimed to have moved in 2010-2011 and requested a remand.
What were the issues?
Whether the CIT(A) erred in deciding the appeal ex-parte without proper service of notice to the assessee, and if the matter should be remanded for fresh adjudication.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI
O R D E R
PER D. KARUNAKARA RAO, AM:
This appeal filed by the assessee on 20.5.2016 is against the order of the CIT (A)-44, Mumbai dated 18.3.2016 for the assessment year 2007-2008.
In this appeal, assessee raised six grounds in toto. At the outset, Ld Counsel for the assessee briefly narrated the facts of the case and submitted that the assessment under consideration was finalized with grave mistakes with reference to the share of the assessee in the property, which is the subject matter of addition u/s 50C of the Act. Bringing my attention to the affidavit dated 12.5.2016, Ld Counsel for the assessee submitted that the CIT (A) decided the first appeal ex-parte basing on the fact that the notices were issued on 21.4.2015; 4.2.2016 and 01.03.2016. But the fact is that these notices were never served on the assessee. Based on the said affidavit, Ld Counsel for the assessee mentioned that the assessee moved his address to Vile Parle way back in the year 2010-2011. Considering the above, Ld Counsel for the assessee requested for remanding the matter to the file of the CIT (A) for fresh adjudication after granting a reasonable opportunity of being heard to the assessee after serving notice to the new address at Vile Parle (E).
More judgments on Section 50C
- M N S Barium Salts, Kadapa vs ITO, Ward-1, KadapaITA 2412/HYD/2025[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- Sawalchand Chunilal Bafna HUF, Mumbai vs Income Tax Officer-16(1)(1), MumbaiITA 7492/MUM/2025[2011-12]Status: Disposed16 Oct 2026AY 2011-12
- Jagdishbhai Vasharambhai Italiya, Ahmedabad vs The ITO, Ward-3(1)(1), AhmedabadITA 150/AHD/2026[2015-16]Status: Disposed14 Oct 2026AY 2015-16
- Rohini Ramhari Bhadale, Pune vs Assessing Officer Ward 2(2) Pune, PuneITA 2767/PUN/2026[2015-2016]Status: Disposed14 Oct 2026AY 2015-2016
- Sweta Somani, Kolkata vs ITO, Ward 44(2), KolkataITA 1656/KOL/2026[2015-2016]Status: Disposed14 Oct 2026AY 2015-2016
Recent GST High Court judgments
Search GST case law →- M/S. Saraswati Enterprises vs. State Of RajasthanRajasthan · 28 Oct 2026
- Akshaya Consortium vs. The Assistant Commissioner (St)Andhra Pradesh · 28 Oct 2026
- Dipanshu Aggarwal vs. Director General Of GST IntelligenceDelhi · 28 Oct 2026
- Dezinetree Projects PVT. LTD. vs. Spokes Digital Inc And AnrDelhi · 28 Oct 2026
- Jaydeep Jayantilal Hudaka vs. State Of GujaratGujarat · 28 Oct 2026