Ramit Kumar vs The ACIT

PER YOGESH KUMAR, U.S. JM:

The captioned appeal is filed by the Assessee challenging the order of Ld. Commissioner of Income Tax (Appeals)/ National Faceless Appeal Centre, Delhi (‘Ld. CIT(A)/NFAC’ for short) dated 12/09/2025, pertaining for the Assessment Years 2017-18.

Brief facts of the case are that, an assessment order came to be passed on 31/12/2019 under Section 143(3) of the Income Tax Act, 1961 ('Act' for short) by computing the income of the Assessee at Rs. 85,05,430/- by making certain additions. Aggrieved by the assessment order dated 31/12/2019, Assessee preferred an Appeal before the Ld. CIT(A). The Ld. CIT(A) vide order dated 12/09/2025, dismissed the Appeal filed by the Assessee. Aggrieved by the order of the Ld. CIT(A), the Assessee preferred the present Appeal.

The Ld. Counsel for the Assessee vehemently submitted that the Ld. CIT(A) has provided no opportunity of being heard to the Assessee and in violation of principals of natural justice, dismissed the appeal of the Assessee.

Per contra, the Ld. Ld. Departmental Representative relying on the orders of the Ld. CIT(A) sought for dismissal of the Appeal.

We have heard both the parties and perused the material available on record. It can be seen from the order of the Ld. CIT(A) , the impugned order has been passed ex-parte without hearing the Assessee. It is further observed that while deciding the Appeal, the Ld. CIT(A) has not decided all the grounds of Appeal of the Assessee on its merits. Considering the facts that the Assessee has not participated in the first Appellate proceedings, in the interest of justice, we remand the matter to the file of the Ld. CIT(A) with a direction to the Ld. CIT(A) to decide the Appeals afresh on its merits in accordance with law after providing opportunity of being heard to the Assessee.

In the result, the Appeal of the Assessee is partly allowed for statistical purpose.