SH. ABHILASH GUPTA,DEHRADUN vs. ITO, 1()(1), DEHRADUN, DEHRADUN
What did the Tribunal hold?
The tribunal noted that the orders of both the AO and CIT(A) were ex-parte and the CIT(A) had not decided all grounds on merits. Therefore, in the interest of justice, the case was restored to the AO for de-novo assessment.
What were the facts?
The assessee filed an appeal against an ex-parte assessment order passed by the AO and confirmed by the CIT(A). The assessee did not appear before the lower authorities or the tribunal.
What were the issues?
Whether ex-parte orders passed without proper opportunity of hearing to the assessee should be set aside and the matter remanded for fresh assessment.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI
PER YOGESH KUMAR, U.S. JM: The present appeal is filed by the Assessee against the order of Ld.
Commissioner of Income Tax (Appeals/ National Faceless Appeal Centre (‘Ld. CIT(A)/NFAC’ for short), New Delhi dated 18/11/2024 for the Assessment Year 2017-18.
An ex-parte assessment order came to be passed u/s 144 read with Sections 143(3) of the Income Tax Act, 1961 ('Act' for short) by making certain additions. The Assessee preferred an Appeal before the Ld. CIT(A) which has been dismissed vide order impugned dated18/11/2024. As Appeal.
None appeared for the Assessee. Considering the issue involved in the present Appeal we deem it fit to decide the Appeal on hearing the Ld. Department's Representative and perused the material available on record.
The Ld. Department's Representative submitted that the Assessee is a chronic defaulter who has not appeared before the Lower Authorities, therefore, both the A.O. as well as the Ld. CIT(A) have passed the orders in accordance with law which requires no interference, thus by relying on the orders of the Lower Authorities sought for dismissal of the Appeal.
We have heard the Department's Representative and perused the material available on record. Both the order of the A.O. as well as order of the Ld. CIT(A) are ex-parte, wherein the Assessee has not participated in any of the proceedings and even the Ld. CIT(A) has not decided all the grounds of Appeal on its merits. In view of the above, in the interest of justice, we deem it fit to restore the issue to the file of the A.O. for de- novo assessment. Needless to say, the A.O. shall provide opportunity of being heard to the Assessee before passing the assessment order in assessment proceedings without fail.
6. In the result, the Appeal of the Appellant is partly allowed for statistical purpose.
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