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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

Govindji Budhaji Thakor, Ahmedabad vs. The ITO, Ward-3(3)(2), Ahmedabad

In the result, the appeal of the Assessee is allowed for statistical

ITA 87/AHD/2025[2017-18]Status: DisposedITAT Ahmedabad12 Mar 2025AY 2017-18

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita No.87/Ahd/2025 निर्धारण वर्ष / Assessment Year : 2017-18 Govindji Budhaji Thakor The Ito Shakar Bhuwan बनाम / Ward-3(3)(2) Makarbiya Wad V/S. Ahmedabad – 380 015 B/H. Karnavati Club S.G. Highway, Mohmedpura Ahmedabad – 380 058 स्थायी लेखा सं./Pan: Apopc 8837 L (अपीलार्थी/ Appellant) (प्रत्यर्थी / Respondent) Assessee By: Shri Manish J. Shah & Rushin Patel, Ars Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख /Date Of Hearing : 11/03/2025 घोषणा की तारीख / Date Of Pronouncement: 12/03/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: This Appeal By The Assessee Is Directed Against The Order Dated 22.02.2024, Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)”], For The Assessment Year (Ay) 2017-18, Arising Out Of The Ex-Parte Assessment Order Dated 19/11/2019 Passed Under Section 144 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act"], By The Income Tax Officer, Ward- 3(3)(2), Ahmedabad [Hereinafter Referred To As “Ao”].

For Appellant: Shri Manish J. Shah &For Respondent: Shri Rignesh Das, Sr.DR
Section 142(1)Section 143(2)Section 144Section 250Section 270ASection 271ASection 69A

National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as “CIT(A)”], for the Assessment Year (AY) 2017-18, arising out of the ex-parte assessment order dated 19/11/2019 passed under Section 144 of the Income Tax Act, 1961 [hereinafter referred to as “the Act"], by the Income Tax Officer

Indumati Hp Gas Gramin Vitrak, Kolhapur vs. ITO Ward 1(1), Kolhapur

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1362/PUN/2024[2018-19]Status: DisposedITAT Pune11 Mar 2025AY 2018-19

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1362/Pun/2024 िनधा"रण वष" / Assessment Year : 2018-19 Indumati Hp Gas Gramin Vs. Ito, Ward-1(1), Vitrak, Kolhapur. A/P Kasaba Beed, Tal. Karveer, Dist. Kolhapur- 416011. Pan : Aaffi4054H Appellant Respondent Assessee By Shri Nikhil S. Pathak & : Shri Mayuresh Doshi Revenue By : Shri Ramnath P. Murkunde Date Of Hearing : 23.12.2024 Date Of Pronouncement : 11.03.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 24.04.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2018-19. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Is Not Justified In Confirming The Addition Of Rs. 3,02,29,400/- U/S 69A Of The Act When The Assessee Has Explained The Sources Of The Amount Deposited. 2. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit (A) Is Not Justified In Confirming The Addition Of Rs. 3,02,29,400/- As Entire Amount Deposited In Bank Without Considering The Withdrawals From The Bank Account.

For Respondent: Shri Ramnath P. Murkunde
Section 115BSection 147Section 148Section 44ASection 69A

Suryawanshi was entered as proprietor but the AIR information was forwarded in the name of partnership firm, which resulted in addition in the ex-parte assessment in the name of partnership firm whereas in-fact the business was carried on in the proprietorship of erstwhile partner Shri Prakash Suryawanshi under ... style but as a proprietorship concern. Ld. AR prayed before the Bench that whole controversy arises due to the reason that the ex-parte assessment order was passed in the status of partnership firm whereas the business was not carried on by partnership firm but was being carried

Ranjana Naik Mirsangkar, Begim vs. Income Tax Officer, Ward - 2(1), Panaji

ITA 145/PAN/2024[2015-16]Status: DisposedITAT Panaji04 Mar 2025AY 2015-16

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliita Nos. 145/Pan/2024 Assessment Year : 2015-16 Ranjana Naik Mirsangkar H.No. 614, Walkeshwar Wada, Betim, Bardez, North Goa, Goa Pan : Aldpn9981B . . . . . . . Applicant V/S Income Tax Officer, Ward-2(1), Goa. . . . . . . . Respondent Appearances Assessee By : Mr Rahul Sarda [‘Ld. Ar’] Revenue By : Mr M Satish [‘Ld. Dr’] सुनवाई की तारीख / Date Of Conclusive Hearing : 25/02/2025 घोषणा की तारीख / Date Of Pronouncement : 04/03/2025 Order Per G. D. Padmahshali; The Captioned Appeal Of The Assessee Impugns Din & Order Itba/Nfac/S/250/2024-25/1064227170(1) Dt. 19/04/2024 Passed By The National Faceless Appeal Centre, Delhi [‘Ld. Nfac’ Hereinafter] U/S 250 Of The Income-Tax Act, 1961 [‘The Act’ Hereinafter] Which In Turn Arisen Out Of Order Of Assessment Dt. 16/03/2023 Passed U/S 147 R.W.S. 144 R.W.S. 144B Of The Act By The National Faceless E-Asstt Centre [‘Ld. Ao’ Hereinafter] Anent To Assessment Year 2015-16 [‘Ay’ Hereinafter].

For Appellant: Mr Rahul Sarda [‘Ld. AR’]For Respondent: Mr M Satish [‘Ld. DR’]
Section 147Section 148Section 250Section 250(6)Section 251(1)(a)

capital gain accrued to the assessee and framed the consequential assessment u/s 147 r.w.s. 144 r.w.s. 144B of the Act. Aggrieved by the ex-parte assessment the assessee instituted an appeal thereagainst before Ld. NFAC, which also came to be dismissed ex-parte owning to non-prosecution

Palanisamy Ravisankar, Sankari vs. ITO, Ward-1, Salem

In the result, appeal filed by the assessee is allowed for statistical purposes

ITA 3185/CHNY/2024[2017-18]Status: DisposedITAT Chennai26 Feb 2025AY 2017-18

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 3185/Chny/2024 िनधा"रण वष"/Assessment Year: 2017-18 Shri Palanisamy Ravisankar Income Tax Officer, Aravankadu, Sanyasipatti Post, Vs. Ward-1(7) Sankari West Salem. Namakkal Dist.-637 303. Pan: Allpr-2541-P (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Ms.N.V.Lakshmi, Advocate ""यथ" क" ओर से/Respondent By : Ms. Gouthami Manivasagam, Jcit सुनवाई क" तारीख/Date Of Hearing : 25.02.2025 घोषणा क" तारीख/Date Of Pronouncement : 26.02.2025 आदेश /O R D E R Per George George K: This Appeal At The Instance Of The Assessee Is Directed Against Cit(A) - Nfac Order Dated 21.08.2024, Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Year Is 2017-18. 2. There Is A Delay Of 42 Days In Filing This Appeal. The Assessee Has Filed A Petition For Condonation Of Delay Stating Therein The Reasons For Belated Filing Of This Appeal & Also A Supporting Affidavit. 3. On Perusal Of The Aforesaid Reasons In The Condonation Application, We Are Of The View That There Is Sufficient Cause For Belated Filing Of This Appeal & No Latches Can Be Attributed To The Assessee. Hence, We Condone The Delay In Filing This Appeal & Proceed To Dispose Off The Appeal On Merits.

For Appellant: Ms.N.V.Lakshmi, AdvocateFor Respondent: Ms. Gouthami Manivasagam, JCIT
Section 250Section 271BSection 44A

supported orders of the AO and CIT(A). 6. We have heard rival submissions and perused material on record. The AO has passed ex-parte assessment order on best judgement basis and further levied penalty of Rs.1,50,000/- u/s.271B of the Act. During the appellate proceedings