YOGENDRA KUMAR CHAURASIA,GORAKHPUR vs. INCOME TAX OFFICER - 2(5), GORAKHPUR
What did the Tribunal hold?
The Tribunal set aside the impugned appellate order and restored the issues to the Assessing Officer for a denovo assessment. The assessee is to be provided a reasonable opportunity to present their case.
What were the facts?
The assessee's total income was determined at Rs. 27,66,280/- by the Assessing Officer under Section 147/143(3). The assessee's appeal against this order was dismissed by the CIT(A). The assessee was unrepresented during the appeal hearing.
What were the issues?
Whether the assessment order and the CIT(A)'s order were passed after providing a reasonable opportunity to the assessee. The need for a denovo assessment.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, VARANASI CIRCUIT BENCH, VARANASI
Before: SHRI ANADEE NATH MISSHRA
has been filed by the assessee for assessment year 2012-13 against impugned appellate order dated 22/11/2022 (DIN & Order No. ITBA/NFAC/S/250/2022- 23/1047566427(1) of National Faceless Appeal Centre, (NFAC), Delhi.
In this case, assessment order dated 16.12.2019 was passed by the Assessing Officer under Section 147/143(3) of the Income Tax Act, 1961 (in short the Act) whereby the assessee’s total income was determined that Rs.27,66,280/- returned by the assessee. The assessee’s appeal against aforesaid assessment order was dismissed by the learned CIT(A) vide the aforesaid impugned appellate order dated 22.11.2022.
At the time of hearing, the assessee was represented by none; in the absence of the any representation from the assessee’s side, the learned Departmental Representative (DR) of the Revenue was heard. Learned DR relied on the impugned appellate order and the assessment order; but left the matter to the discretion of the Bench. On perusal of the records, it is found that the learned CIT(A) and the Assessing Officer have passed their respective order after providing reasonable opportunity to the assessee. Therefore, the impugned appellate order of learned CIT(A) is set aside and issues in dispute are restored back to the file of the Assessing Officer with a direction to pass denovo assessment order, in accordance with law, after providing reasonable opportunity to the assessee. All the grounds of appeal
are treated as disposed of in accordance with foregoing directions.
4. In the result, the appeal of the assessee stands partly allowed for statistical purposes.
(Order pronounced in the open court on 16.12.2025)
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- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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