JITENDRA KUMAR,BHARATPUR vs. ITO WARD 4(2)(1), FARRUKHABAD
What did the Tribunal hold?
The Tribunal, while acknowledging the assessee's negligence, decided to provide another opportunity for the assessee to present their case. The impugned order was set aside, and the appeal was restored to the CIT(A) for fresh adjudication.
What were the facts?
The assessee's appeal for AY 2017-18 was dismissed by the CIT(A) due to non-representation. The AO had made an addition of Rs. 18.53 Lacs under Section 68. The assessee is now appealing this order.
What were the issues?
Whether the assessee should be given another opportunity to represent their case before the CIT(A) despite prior negligence, in the interest of natural justice.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” 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)
Aforesaid appeal by assessee for Assessment Year (AY) 2017-18 arises out of the order of learned Commissioner of Income Tax, National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 24-11-2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) of the Act on 19-12-2019. At the time of hearing, none appeared for assessee despite notice. The Ld. Sr. DR pleaded for dismissal of the appeal. In the assessment order, Ld. AO made addition u/s 68 for Rs.18.53 Lacs. Though the assessee preferred first appeal, it failed to make any representation therein which led to confirmation of assessment order. Aggrieved, the assessee is in further appeal before us.
Though the assessee has remained negligent, however, keeping in mind the principles of natural justice, we deem it fit to provide another opportunity 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 Ld. CIT(A) for denovo adjudication with a direction to the assessee to substantiate its case.
The appeal stand allowed for statistical purposes. Order pronounced on 18th February, 2025.
More judgments on Section 68
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Bliss Dealtrade Private Limited, Kolkata vs Income Tax Officer - Ward 9(2) Kolkata…ITA 208/KOL/2026[2012-13]Status: Disposed21 Oct 2026AY 2012-13
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
Recent GST High Court judgments
Search GST case law →- Dillip Kumar Behera vs. The Assistant Commissioner Of State Tax, Mayurbhanj CircleOrissa · 15 Oct 2026
- Tvl.Dev Construction vs. The Proper OfficerMadras · 15 Oct 2026
- Abbal Dass Arya vs. Commissioner State Goods And Services Tax CommissionerUttarakhand · 15 Oct 2026
- M/S Darbesh Medical Enterprise vs. State Of West Bengal And Ors.Calcutta · 15 Oct 2026
- Gr Infra Projects Limited Ratlam Through Its Authorized Signatory Mr. Pankaj Das vs. The State Of Madhya PradeshMadhya Pradesh · 14 Oct 2026