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Facts
The Assessee filed appeals against orders of the Ld. CIT(Appeals) which sustained additions made under Section 69A of the Act. The Assessee's counsel argued that the CIT(A) passed ex parte orders without going into the merits and requested restoration.
Held
The Tribunal noted that for a prior assessment year (2015-16), a similar appeal was restored to the CIT(A) for fresh adjudication after providing an opportunity. Following this precedent and with no objection from the DR, the Tribunal restored all the appeals.
Key Issues
Whether the CIT(A) erred in passing ex parte orders without adjudicating the merits of the additions made under Section 69A, and whether the appeals should be restored for fresh adjudication?
Sections Cited
69A, 153A
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Income Tax Appellate Tribunal, DELHI BENCH “A” NEW DELHI
Before: SHRI CHALLA NAGENDRA PRASAD & SHRI M BALAGANESH
Assessee by Shri Rajat Jain, CA & Shri Akshat Jain, CA Revenue by Shri Amit Jain, CIT DR सुनवाईक�तारीख/ Date of hearing: 23.09.2025 23.09.2025 उ�ोषणाक�तारीख/Pronouncement on आदेश /O R D E R PER C.N. PRASAD, J.M.
All these appeals are filed by the Assessee against different orders of the Ld. CIT(Appeals)-30, Delhi dated 28.02.2025 for various assessment years from 2016-17 to 2021-22 in sustaining the addition made u/s 69A of the Act.
Ld. Counsel for the assessee, at the outset, submitted that the Ld. CIT(A) passed the orders dismissing the appeal ex parte applying 1 to 2398./Del/2025 the decision in the case of Multiplan India Ltd. and the decision of the Madhya Pradesh High Court in the case of Estate of Late Tukojirao Holkar vs. CWT for non prosecution of the appeals. The Ld. Counsel further submitted that the Ld. CIT(A) did not go into the merits of the addition in detail. Ld. Counsel for the assessee further submitted that for the AY 2015-16 in ITA 2347/Del/2025 this Tribunal by order dated 04.06.2025 restored the appeal to the file of the Ld.
CIT(A) on identical situation. Copy of the order is placed on record.
Therefore, the Ld. Counsel for the assessee pleaded that all these appeals may be restored to the file of the Ld. CIT(A) for fresh adjudication after providing adequate opportunity to the assessee.
The Ld. DR has no serious objection in restoring the appeals to the Ld. CIT(A).
Heard rival contentions, we also perused the orders of the Ld. CIT(A) and the decision of the Tribunal for AY 2015-16. The Tribunal on the very same facts situation for the AY 2015-16 restored the appeal to the Ld. CIT(A) for deciding afresh after providing adequate opportunity to the assessee. Since all these appeals which arises out of the proceedings u/s 153A including for the AY 2015-16 and since the appeal for the AY 2015-16 is restored to the file of the Ld. CIT(A) for fresh adjudication, we deem it appropriate to restore all these 2 to 2398./Del/2025 appeals to the file of the Ld. CIT(A) for fresh adjudication along with the appeal for the AY 2015-16 after providing adequate opportunity to the assessee. Thus, all these appeals are restored to the file of the Ld. CIT(A).
In the result, appeals of the Assessee are allowed for statistical purpose.
Order pronounced in the open court on 23.09.2025