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Judgment
This assessee’s appeal for Assessment Year: 2020-21, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN and Order No. ITBA/NFAC/S/250/2025-26/1087970403(1), dated 27.03.2026 involving proceedings under section 147 of the Income Tax Act, 1961 (hereinafter referred to as the ‘the Act’).
Heard both the parties. Case file perused.
Case called twice. None appears at the assessee’s behest. He is accordingly proceeded ex-parte….
It transpires at the outset there arises the first and foremost legal issue of validity of the learned ACIT, Circle-2(1)(1), Ghaziabad’s assessment framed in the assessee’s case on 18.03.2025 itself. This is for the precise reasons that the assessee had admittedly declared income of Rs. 11,54,770/- in its return filed on 19.11.2020 (page 1 of the paper book). This tribunal’s attention is further invited to the CBDT Instructions No. 1/2011 dated 31st January, 2011 that such a corporate return in metro cities required income of Rs. 20 lakhs to be assessed by the Income Tax Officer and not the Deputy Commissioner or Asstt. Commissioner of Income Tax.
This being the clinching factual position going unrebutted from the Revenue side, I hereby conclude that the learned ACIT’s impugned assessment is a non-est one in the eyes of law. Quashed accordingly in very terms.
This assessee’s appeal is allowed.