NARESH SINGH YADAV,BAHODAPUR,GWALIOR vs. ITO 2(1), GWALIOR

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ITA 310/AGR/2024Status: DisposedITAT Agra19 February 2025AY 2015-16Bench: HON’BLE SHRI SATBEER SINGH GODARA, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL (Accountant Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the appeal to the CIT(A) for de novo adjudication. The assessee was granted another opportunity to present its case and substantiate its claims.

What were the facts?

The assessee's appeal for AY 2015-16 was dismissed by the CIT(A) due to non-representation. The AO had made additions for commodity transactions. The assessee is now appealing this order.

What were the issues?

Whether the CIT(A) order passed ex-parte without affording proper opportunity to the assessee is sustainable. The need for principles of natural justice to be followed.

Which sections of the Income-tax Act were involved?

Section 144,Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “DB” BENCH, AGRA

Before: HON’BLE SHRI SATBEER SINGH GODARA, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

1.

Aforesaid appeal by assessee for Assessment Year (AY) 2015-16 arises out of an order of Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 20-11- 2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 144 r.w.s. 147 of the Act on 26-03-2022. At the time of hearing, none appeared for assessee despite notice. Accordingly, the appeal was proceeded with the able assistance of Ld. Sr. DR who pleaded for dismissal of the appeal. The registry has noted delay of 204 days which stand condoned.

2.

In the assessment order, Ld. AO made addition for commodity transactions which stood confirmed in first appeal for want of representation from the assessee. Aggrieved, the assessee is in further appeal before us.

3.

Keeping in mind the principles of natural justice, we deem it fit to afford another opportunity of hearing to the assessee to substantiate its case before Ld. CIT(A). Accordingly, the impugned order is set aside and the appeal is restored back to the file of Ld. CIT(A) for de novo adjudication after affording reasonable opportunity of hearing to the assessee. The assessee is directed to substantiate its case forthwith.

4.

The appeal stand allowed for statistical purposes. Order pronounced on 19th February, 2025.

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