NILESH RAMESHBHAI DESAI,VALSAD vs. ITO, WARD -4, NAVSARI
What did the Tribunal hold?
The ITAT set aside the order of the Ld. CIT(A) and restored the matter to the Assessing Officer (AO) for de novo adjudication, granting one more opportunity to the assessee to submit all necessary details and documents.
What were the facts?
The assessee's appeal before the Ld. CIT(A) was dismissed ex-parte due to non-compliance and failure to furnish requisite explanations and documentary evidence. The assessee then filed an appeal before the ITAT.
What were the issues?
Whether the appeal dismissed ex-parte by the Ld. CIT(A) due to non-compliance should be set aside to allow the assessee to furnish documents and explanations.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, SURAT BENCH, SURAT
Before: DR. B.R.R. KUMAR, VICE-MS SUCHITRA RAGHUNATH KAMBLE
PER DR. B.R.R. KUMAR, VICE-PRESIDENT:
This appeal has been filed by the assessee against the order passed by the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, [hereinafter referred to as “Ld. CIT(A)”] dated 26.06.2023, under section 250 of the Income-tax Act, 1961 [in short “the Act”] for the Assessment Year 2012-13. 2. Delay condoned.
On perusal of the records, it is observed that the assessee was afforded sufficient opportunities of hearing given to the appellant, but the assessee failed to furnish requisite explanations and reply before theLd. CIT(A). Consequently, the Ld. CIT(A), based on the material available on record, upheld the action of the AO and dismissed the appeal of the assessee as ex-parte. We also find that the assessee remained non-compliant before the Ld. CIT(A) and failed or furnish any documentary evidence to substantiate his claim. Before us, the Ld. Counsel for the assessee prayed that one more opportunity may be given, all necessary details, clarifications, and Asst. Year: 2012-13 - 2– explanations would be furnished to the revenue authorities. Hence, in the interest of justice, we set aside the order of the Ld. CIT(A) and restore the matter to the file of the AO for de novo adjudication. The assessee shall submit all the relevant details and documents before the AO and comply with the notices issued by the revenue authorities without seeking any unnecessary adjournments. In the result, the appeal of the assessee is allowed for statistical purposes.
The order is pronounced in the open Court on 23.01.2026. (SUCHITRA R. KAMBLE) VICE-PRESIDENT Surat; Dated23.01.2026 **SAMANTA आदेश की "ितिलिप अ"ेिषत/Copy of the Order forwarded to : अपीलाथ" / The Appellant
""थ" / The Respondent. 2. संबंिधत आयकर आयु" / Concerned CIT 3. 4. आयकर आयु"(अपील) / The CIT(A)- 5. िवभागीय "ितिनिध, आयकर अपीलीय अिधकरण, / DR, ITAT, Surat गाड" फाईल / Guard file. 6. आदेशानुसार/ BY ORDER, ////
सहायक पंजीकार (Dy./Asstt.
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