ITO WARD - 1(2), GHAZIABAD vs. DHANWA TRANSPORT, GHAZIABAD
In favour of the Revenue: the Revenue's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The ITAT set aside the impugned first appellate order and restored the matter to the file of the CIT(A) for fresh adjudication. This was to allow the assessee a proper opportunity to present their case and ensure the first appeal is adjudicated as per legal requirements.
What were the facts?
The assessee did not appear before the ITAT for the hearing, nor did they file any adjournment application despite receiving several notices. The revenue's grievance was that the CIT(A) had passed a cryptic order without proper jurisdiction.
What were the issues?
Whether the CIT(A) had jurisdiction to pass a cryptic order without proper adjudication, and whether the matter should be restored to the first appellate stage for a fresh hearing.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: B: NEW DELHI
Before: SHRI CHANDRA MOHAN GARG & SHRI PRADIP KUMAR KEDIA
(Appellant) (Respondent) For Revenue: Shri Pankaj Khanna, Sr. DR For Assessee : None Date of Hearing : 01.03.2023 Date of Pronouncement : 29.05.2023 ORDER PER CHANDRA MOHAN GARG, J.M. This appeal has been filed against the order of CIT(A)-1 Noida dated 28.09.2018 for AY 2015-16.
When the case called for the hearing neither the assessee nor any authorized representative appeared nor any adjournment application has been filed despite several notices. On perusal of the appeal records we find that this appeal can be adjudicated after hearing the arguments of ld. Senior DR ex-parte qua assessee. Hence, we proceed adjudicate this appeal.
The sole grievance of revenue is that the ld. CIT(A) has adjudicated the appeal without having jurisdiction ex-parte qua assessee and has passed a cryptic order therefore the matter may kindly be restored to the file of Ld. CIT(A) to the first appellate stage.
From bear peruao of we find that the ld. CIT(A) has dismissed appeal of assessee confirming the additions and therefore the assessee has not succeded to secure prayed relief before the ld. CIT(A). In such a situation if the matter/appeal is restored to the file of ld.CIT(A) to the first appellate stage for proper adjudication of first appeal as per requirement of sub section 6 of section 250 of the I.T Act 1961, then there would be no grievance to the assessee. Therefore keeping in view totality of the facts and circumstances and first appellate order, we find it appropriate to restore the matter to the file of ld. CIT(A) for a fresh adjudication of first appeal after allowing due opportunity to the assessee and without being influenced with the earlier order.
Therefore, impugned first appellate order is set aside and matter/appeal is restore to the file of ld. CIT(A) to the first appellate stage with the aforesaid directions.
In the result, the appeal of the revenue is allowed for statistical purposes. Order pronounced in the open court on 29.05.2023.
Recent GST High Court judgments
Search GST case law →- Basant Kumar Gupta vs. Union Of INDIAPatna · 2 Nov 2026
- M/S Swapnashiyana Homes Developers Private Limited vs. The Union Of INDIAPatna · 2 Nov 2026
- M/S B.K. Agency Under The Proprietor Of Bhola Prasad vs. The Chief Commissioner, CGSTPatna · 2 Nov 2026
- Shree Hanumant Steel Traders vs. Assistant CommissionerChhattisgarh · 1 Nov 2026
- R.K.Service Station, Balasore vs. Commissioner CT And GST Odisha, CuttackOrissa · 31 Oct 2026