YADVENDRA PRATAP SINGH,U.S.NAGAR vs. ITO, RUDRAPUR
What did the Tribunal hold?
The Tribunal restored the issue to the file of the AO for de-novo assessment, allowing the assessee to produce documents. The AO was directed to verify documents and provide an opportunity of being heard before framing a fresh assessment order.
What were the facts?
The assessee's ex-parte assessment order was passed by the AO and subsequently dismissed by the CIT(A) for non-compliance with Section 249(4) of the Act. The assessee claimed a good case on merits and argued that tax liability was nil, thus Section 249(4) was not applicable.
What were the issues?
Whether the lower authorities violated principles of natural justice by passing ex-parte orders. Whether Section 249(4) was correctly invoked when the assessee claimed no tax liability.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
ORDER
PER YOGESH KUMAR, U.S. JM:
The present appeal is filed by the Assessee against the order of Ld. CIT(A) (‘Ld. CIT(A) for short), Delhi dated 24/01/2025 for Assessment Year 2017-18.
An ex-parte assessment order came to be passed u/s 144 of the Income-tax Act, 1961 ('Act' for short) on 26/12/2019 by making certain addition. The Assessee preferred an Appeal before the CIT(A) which has been dismissed on 24/01/2025 vide order impugned. As against the order of the Ld. CIT(A), the Assessee preferred the present Appeal.
The Ld. Counsel for the Assessee submitted that both the assessment order as well as order of the Ld. CIT(A) have been passed in violation of principals of natural justice. The Assessee is having very good case on merit as the Assessee is not liable to pay any tax, therefore invocation of provision of Section 249(4) of the Act is erroneous. Thus, submitted that the addition made by the A.O. which has been erroneously sustained by the Ld. CIT(A), deserves to be set aside.
Per contra, the Ld. Department's Representative submitted that the Assessee has not appeared before the lower authorities, therefore, the authorizes below have rightly passed the respective orders which requires no interference. Further submitted that the Ld. CIT(A) has also dismissed the Appeal as the Assessee has not complied with the provision of Section 249(4) of the Act as the Assessee has failed to pay the taxes equal to amount to advance tax which was payable by him.
Therefore, sought for dismissals of the Appeal.
We have heard both the parties 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. It is the case of the Assessee that the Assessee has very good case on merits and submitted that the Assessee is not liable to pay any tax, therefore, question of complying of provision of Section 249(4) of the Act does not arise. Considering the fact that the assessment order has been passed ex-parte and the Ld. CIT(A) has also dismissed the Appeal,in the interest of justice, we deem it fit to restore the issue to the file of the A.O. for de-novo assessment. The Assessee is at the liberty to produce any/all documents in support of his claim and A.O. shall verify the documents and frame the assessment order afresh. Needless to say, the A.O. shall provide opportunity of being heard to the Assessee before passing the assessment order in accordance with law.
In the result, the Appeal of the Appellant is partly allowed for statistical purpose.
More judgments on Section 249(4)
- Sea Side Hotel Private Limited, Mumbai vs Ward 11(2)(1), MumbaiITA 7336/MUM/2026[2015-16]Status: Disposed8 Oct 2026AY 2015-16
- Gurujala Babu Rao, Hyderabad vs ITO, Ward-11(1), HyderabadITA 884/HYD/2026[2012-13]Status: Disposed21 Aug 2026AY 2012-13
- Deep Bahadur Singh, Rewa vs Income Tax Officer Ward-1, RewaITA 94/JAB/2024[2015-16]Status: Disposed18 Aug 2026AY 2015-16
- Arcotech Ltd, Rewari vs ACIT CC-7, DelhiITA 3470/DEL/2026[2016-17]Status: Disposed13 Aug 2026AY 2016-17
- Kanersar VI Ka Society, Pune vs The ITO Ward 8(3), PuneITA 2042/PUN/2026[2021-22]Status: Disposed12 Aug 2026AY 2021-22
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