Facts
The assessee's appeal before the Ld. CIT(A) was dismissed due to the failure to furnish requisite explanations and documentary evidence. The assessee then appealed to the ITAT, praying for another opportunity to submit the necessary details.
Held
The ITAT, in the interest of justice, set aside the order of the Ld. CIT(A) and restored the matter for fresh adjudication. The assessee is directed to submit all relevant details and documents without seeking unnecessary adjournments.
Key Issues
Whether the assessee should be granted a further opportunity to submit documentation and explanations before the CIT(A) after failing to do so previously.
Sections Cited
250
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 24.07.2025, under section 250 of the Income-tax Act, 1961 [in short “the Act”] for the Assessment Year 2018-19. 2. On perusal of the records, it is observed that the assessee was afforded sufficient opportunities of hearing given by the Ld. CIT(A), but the assessee failed to furnish requisite explanations and reply before the Ld. CIT(A). Consequently, the Ld. CIT(A), based on the material available on record, upheld the action of the Assessing Officer and dismissed the appeal of the assessee. We also find that the assessee failed to furnish requisite documentary evidence to substantiate his claim before the Ld. CIT(A). Before us, the Ld. Counsel for the assessee prayed that one more opportunity may be given, all necessary details, clarifications, and 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 Asst. Year: 2018-19 - 2– restore the matter to the file of the Ld. CIT(A) for fresh adjudication. The assessee shall submit all the relevant details and documents before the Ld. CIT(A) 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; Dated 23.01.2026 **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 6. गाड" फाईल / Guard file.
आदेशानुसार/ BY ORDER, //// सहायक पंजीकार (Dy./Asstt.