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“ex-parte assessment”

Assessment ProceduresSection 144Section 144871 judgments

The decision most relied on for ex-parte assessment is Vijay Shrinivasrao Kulkarni v. Income-tax Appellate Tribunal (171 Taxmann.com 696), cited in 200 judgments on BharatTax.

Leading authorities on ex-parte assessment

Vijay Shrinivasrao Kulkarni v. Income-tax Appellate Tribunal
171 Taxmann.com 696 · 2025 · High Court
200
citing judgments

The ITAT fails to uphold natural justice when it doesn't address an infirmity regarding an assessee being denied a proper opportunity of being heard before the CIT(Appeals)/NFAC dismissed the matter ex-parte.

Velu Palandar v. DCIT
83 ITR 683 · 1972 · High Court
94
citing judgments

The opportunity of hearing provided to an assessee must be real, effective, and realistic, not merely notional, and tax authorities are incumbent to decide cases on their merits after affording due opportunity.

Munjal BCU Centre of Innovation and Entrepreneurship v. CIT (Exemptions)
463 ITR 560 · 2024 · High Court
75
citing judgments

Service of notice through the ITBA portal is not a valid method of service under section 282(1) of the Income-tax Act, 1961, and Rule 127(1) of the Income-tax Rules, 1962. Consequently, matters where notice was deemed invalidly served via ITBA portal are remanded to the Assessing Officer for a de novo disposal to uphold principles of natural justice.

COMMISSIONER OF INCOME TAX v. BIJU PATNAIK HIGH COURT OF ORISSA
190 ITR 396 · 1991 · High Court
23
citing judgments

An ex-parte statement recorded under section 131 cannot be used against an assessee without giving them an opportunity to present rebuttal evidence, as doing so violates the principles of natural justice and vitiates the assessment order.

Ashokji Chanduji Thakor v. Pr.CIT
130 Taxmann.com 131 · 2021 · Supreme Court
22
citing judgments

If an assessee is non-cooperative throughout the assessment and appellate proceedings, despite multiple opportunities, the authorities are justified in deciding the proceedings ex-parte based on the available material.

PCIT v. Drisha Impex (P.) Ltd.
173 Taxmann.com 571 · 2025 · High Court
22
citing judgments

A High Court decision upholding additions made by the Assessing Officer for non-genuine purchases is affirmed when an SLP against it is dismissed by the Supreme Court. The Assessing Officer's addition for alleged bogus purchases is justified and can be sustained.

Shivangi Steel (P.) Ltd. v. Assistant Commissioner of Income
42 Taxmann.com 393 · 2014 · ITAT
14
citing judgments

The Commissioner (Appeals) can pass an ex-parte assessment order under Section 251 read with Section 144 of the Income-tax Act, 1961, if the assessee fails to attend assessment proceedings or produce documents despite multiple notices and adjournments.

Ramesh K. Shah v. DCIT
82 TTJ 827 · ITAT
12
citing judgments

The Assessing Officer (AO) cannot rely solely on ex-parte details or data without cross-examination, especially when affidavits confirm no cash transactions.

Judgments citing ex-parte assessment

Smita Manoj Patane, Kolhapur vs. ITO 2(1) Kolhapur, Kolhapur

In the result, the appeal filed by the assessee in ITA

ITA 711/PUN/2024[2017-18]Status: DisposedITAT Pune05 May 2025AY 2017-18

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.437/Pun/2024 िनधा"रण वष" / Assessment Year : 2017-18 Manoj Diwakar Patane, Vs. Ito, Ward-2(1), 339/21/22/23, Vasant Kolhapur. Sahawas, Wing F-3, Shahupuri, Karveer- 416003. Pan : Aippp3853K Appellant Respondent आयकर अपील सं. / Ita No.711/Pun/2024 िनधा"रण वष" / Assessment Year : 2017-18 Samita Manoj Patane, Vs. Ito, Ward-2(1), Shop No.1 653/A, Kusum Kolhapur. Apartment, 2Nd Lane, Shahupuri- 416001. Pan : Amypp8375M Appellant Respondent Assessee By : Smt. Deepa Khare Revenue By : Shri Ramnath P. Murkunde Date Of Hearing 10.02.2025 : Date Of Pronouncement 05.05.2025 : आदेश / Order Per Vinay Bhamore, Jm: These Appeals Filed By Two Difference Assessees Are Directed Against The Different Order Dated 16.01.2024 Passed By Ld. Cit(A)/Nfac (In The Case Of Manoj Diwakar Patane) & Order Dated 21.03.2024 Passed By Ld. Cit(A), Pune-11 (In The Case Of Smita Manoj Patane) For The Assessment Year 2017-18 Respectively. 2. Since Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of Two Different Assessees, Therefore, We Proceed To Dispose Of The Same By This Common Order. 3. First, We Shall Take Up The Appeal Of The Assessee In Ita No.437/Pun/2024 For Assessment Year 2017-18 (In The Case Of Manoj Diwakar Patane) As The Lead Case For Adjudication.

For Appellant: Smt. Deepa KhareFor Respondent: Shri Ramnath P. Murkunde
Section 133A

order of assessment in gross violation of the provision of natural justice and further erred in confirming the action of AO in passing ex-parte assessment ignoring the statements of assessee recorded during the course of survey u/s 133A of Income Tax Act and without considering the copies of books

Manoj Diwakar Patane, Kolhapur vs. ITO Ward 2(1) Kolhapur, Kolhapur

In the result, the appeal filed by the assessee in ITA

ITA 437/PUN/2024[2017-18]Status: DisposedITAT Pune05 May 2025AY 2017-18

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.437/Pun/2024 िनधा"रण वष" / Assessment Year : 2017-18 Manoj Diwakar Patane, Vs. Ito, Ward-2(1), 339/21/22/23, Vasant Kolhapur. Sahawas, Wing F-3, Shahupuri, Karveer- 416003. Pan : Aippp3853K Appellant Respondent आयकर अपील सं. / Ita No.711/Pun/2024 िनधा"रण वष" / Assessment Year : 2017-18 Samita Manoj Patane, Vs. Ito, Ward-2(1), Shop No.1 653/A, Kusum Kolhapur. Apartment, 2Nd Lane, Shahupuri- 416001. Pan : Amypp8375M Appellant Respondent Assessee By : Smt. Deepa Khare Revenue By : Shri Ramnath P. Murkunde Date Of Hearing 10.02.2025 : Date Of Pronouncement 05.05.2025 : आदेश / Order Per Vinay Bhamore, Jm: These Appeals Filed By Two Difference Assessees Are Directed Against The Different Order Dated 16.01.2024 Passed By Ld. Cit(A)/Nfac (In The Case Of Manoj Diwakar Patane) & Order Dated 21.03.2024 Passed By Ld. Cit(A), Pune-11 (In The Case Of Smita Manoj Patane) For The Assessment Year 2017-18 Respectively. 2. Since Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of Two Different Assessees, Therefore, We Proceed To Dispose Of The Same By This Common Order. 3. First, We Shall Take Up The Appeal Of The Assessee In Ita No.437/Pun/2024 For Assessment Year 2017-18 (In The Case Of Manoj Diwakar Patane) As The Lead Case For Adjudication.

For Appellant: Smt. Deepa KhareFor Respondent: Shri Ramnath P. Murkunde
Section 133A

order of assessment in gross violation of the provision of natural justice and further erred in confirming the action of AO in passing ex-parte assessment ignoring the statements of assessee recorded during the course of survey u/s 133A of Income Tax Act and without considering the copies of books

Avinash S Sadamate ACIT Circle 3 3 1, Mumbai vs. Vijay Security Systems Private Limited, Mumbai

In the result, the grounds of appeal raised by the revenue are dismissed

ITA 1208/MUM/2025[2009-10]Status: DisposedITAT Mumbai05 May 2025AY 2009-10

Bench: Shri Pawan Singh(Physical Hearing) Acit Circle-(3)(3)(1) Vijay Security Systems Private Room No. 552, Aayakar Limited, 35 Chandivali Village Off Bhavan, M.K. Road, Vs. Saki Vihar Road, Andheri (East), Churchgate, Mumbai-400072. Mumbai-400020. Pan: Aaacv1363L (Appellant) .. (Respondent) Assessee By Shri. Sandeep Chaturvedi Ca Revenue By Ms. Pradnya Gholap, Sr. Dr Date Of Hearing 17/04/2025 Date Of Pronouncement 05/05/2025 Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Revenue / Assessing Officer Is Directed Against The Order Of Learned Commissioner Of Income Tax (Ld. Cit(A)) Dated 24.01.2025 For A.Y. 2009-10. The Assessee Has Raised The Following Grounds Of Appeal: “ (1) "Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld.Cit(A) Has Justified In Treating The Assessment Completed Ex-Parte U/S.144 Of The Act Disregarding The Fact That Desired Details Called For Were Not Submitted Before The Ao I.E. Ito-11(3)(3) Having Jurisdiction Over The Case?" (Ii) "Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld.Cit(A) Has Justified In Not Deciding The Appeal On Merit Of The Additions Made By Ao & In Fact, Not Considering The Fact That The Information Of Obtaining Accommodation Bills Towards Alleged Bogus Purchases Was Received From The Sales Department?" (Iii) "Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld.Cit(A) Has Rightly Dismissed The Appeal Without Considering The Fact That The Genuineness Of The Details Submitted By The Assessee During Remand Proceedings By The Assessee Officer Could Not Be Ascertained In The Absence Of Parties Involved & The Same Was Not Questioned As Well By The Ld.Cit(A)?" Acit Vs Vijay Security Services (Iv) "The Appellant Craves Leave To Add, Amend And/Or Vary Grounds Of Appeal Before Or During The Course Of Hearing.”

Section 143(3)Section 144Section 148Section 254(1)Section 69C

file appeal against his own finding. The Ld. CIT(A) on appreciation of evidence held that AO has accepted the evidence still ex-parte assessment was completed. Thus, the ld. CIT(A) rightly quashed the assessment order. The Ld. AR of the assessee submit that ratio of decision in PCIT