RAMA RAO KOLLIPARA,BHILAI vs. INCOME TAX OFFICER, BHILAI
Facts
The assessee's appeal was dismissed ex-parte by the CIT(Appeals) due to non-compliance. The assessee then appealed to the ITAT. The Ld. Sr. DR conceded that the matter should be adjudicated de novo.
Held
The ITAT set aside the ex-parte order of the CIT(Appeals) and remanded the matter back for de novo adjudication, providing the assessee one final opportunity to comply with hearing notices, in adherence to principles of natural justice.
Key Issues
The key legal issue was whether the ex-parte dismissal of an appeal by the CIT(Appeals) due to non-compliance violated principles of natural justice and warranted a remand for fresh adjudication.
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Income Tax Appellate Tribunal, RAIPUR BENCH “SMC”, RAIPUR
Before: SHRI PARTHA SARATHI CHAUDHURY
आदेश / ORDER PER PARTHA SARATHI CHAUDHURY, JM The present appeal preferred by the assessee emanates from the order of the Ld.CIT(Appeals)/NFAC, dated 07.11.2025 for the assessment year 2013-14 as per the grounds of appeal on record.
At the time of hearing none appeared for the assessee nor any adjournment petition has been filed. The matter is heard after recording the submissions of the Ld. Sr. DR and on careful perusal of the material available on record.
At the very outset, it is noted that from Para 2.3 of the impugned order, the Ld.CIT(Appeals) vide an ex-parte order had dismissed the appeal of the assessee due to non-compliance by the assessee. For the sake of clarity, Para 2.3 of the Ld.CIT(Appeals)’s order are extracted as follows:
“2.3. The appellant failed to give any response to above notice, in the circumstance, the undersigned with no option other than to decide the appeal on the basis of information available.”
The Ld. Sr. DR has fairly conceded that the matter may be adjudicated denovo on merits before the first appellate authority providing one final opportunity to the assessee.
3 Rama Rao Kollipara Vs. ITO, Ward-2(1), Bhilai (C.G.) ITA No.795/RPR/2025
That since as per this factual spectrum where an ex-parte order had been passed by the Ld. CIT(Appeals) for non-compliance by the assessee, in such scenario, in the interest of principles of natural justice, I follow the ratio laid down by the ITAT, “Division Bench”, Raipur in the cases of Brajesh Singh Bhadoria Vs. Dy./ACIT, Central Circle-2, Naya Raipur, IT(SS)A Nos. 1 to 6, 8 & 9/RPR/2025, dated 20.03.2025 wherein the Tribunal had dealt with similar issue on the same parameters of ex-parte order passed by the Ld. CIT(Appeals)/NFAC and remanded the matter back to the file of the Ld. CIT(Appeals)/NFAC. Accordingly, on same parity of reasoning and as per similar terms, I set-aside the order of the Ld. CIT(Appeals) and remand the matter back to its file for denovo adjudication while complying with the principles of natural justice. At the same time, it is directed that this being the final opportunity, the assessee shall duly comply with the hearing notices from the Ld.CIT(Appeals).
That as per aforesaid terms, the grounds of appeal raised by the assessee stands allowed for statistical purposes.
4 Rama Rao Kollipara Vs. ITO, Ward-2(1), Bhilai (C.G.) ITA No.795/RPR/2025
In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced in open court on 18th day of February, 2026.
Sd/- (PARTHA SARATHI CHAUDHURY) �या�यक सद�य/JUDICIAL MEMBER रायपुर / Raipur; �दनांक / Dated : 18th February, 2026. SB, Sr. PS आदेश क� ��त�ल�प अ�े�षत / Copy of the Order forwarded to : अपीलाथ� / The Appellant. 1. ��यथ� / The Respondent. 2. 3. The Pr. CIT-1, Raipur (C.G.) 4. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, “एक-सद�य” ब�च, रायपुर / DR, ITAT, “SMC” Bench, Raipur. गाड� फ़ाइल / Guard File. 5.
आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपील�य अ�धकरण, रायपुर / ITAT, Raipur
