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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

Shri Kalpesh Kantilal Patel, Ahmedabad vs. The ACIT, Central Circle- 2(4), Ahmedabad

ITA 486/AHD/2018[2014-15]Status: DisposedITAT Ahmedabad28 Nov 2025AY 2014-15

Bench: Shri Sanjay Garg & Shri Makarand V. Mahadeokar1. It(Ss)A No.46/Ahd/2018, Asst.Year - 2013-14 2. It(Ss)A No.52/Ahd/2018, Asst.Year - 2013-14 3. Ita No.486/Ahd/2018, Asst.Year - 2014-15 1. Kalpesh Kantialal Patel 1. The Acit बनाम/ C/O.M.S. Chhajed & Co. Central Circle-2(4) V/S. Ca, Kamal Shanti Ahmedabad Nr. Under Bridge Sardar Patel Colony Ahmedabad – 380 014 2. The Dcit, 2. Shri Kalpesh Kantial Patel Central Circle-2(4) 32, Ambica Society Ahmedabad Usmanpura Ahmedabad – 380 013 3. Shri Kalpesh Kantilal 3. The Acit Patel, Ahmedabad Central Circle-2(4) Ahmedabad "थायी लेखा सं./Pan: Aawpp 5054 D (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri Mahesh Chhajed, A.R. Revenue By : Shri Alpesh Parmar, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 01/09/2025 घोषणा की तारीख /Date Of Pronouncement: 28/11/2025 आदेश/O R D E R Per Sanjay Garg: The Captioned Cross Appeals By The Assessee & The Revenue For Assessment Year (Ay) 2013-14 (Cross-Appeals) & Another Appeal Preferred

For Appellant: Shri Mahesh Chhajed, A.RFor Respondent: Shri Alpesh Parmar, CIT-DR
Section 132Section 143(2)Section 144Section 153ASection 153CSection 250

further submitted that even otherwise, non-consideration of the return of income filed by the assessee and thereafter immediately passing of the ex-parte assessment order on 30/03/2016 shows that, in this case, even the approval granted by the higher Officer/JCIT u/s.153D of the Act was also without application