DWIP JAIN,MATHURA V. INCOME TAX OFFICER 1(3)(1), MATHURA

ITA 392/AGR/2025

AI Insights

The case involves an appeal by Dwip Jain against the order of the Commissioner of Income-tax (Appeals)/National Faceless Appeal Centre, which had dismissed Jain's appeal in limine for non-pursuance despite several opportunities granted. The Tribunal found that the CIT(A) had not decided the issue on merit but rather dismissed it based on procedural grounds. The Tribunal acknowledged the need for a fair hearing and thus remitted the matter back to the CIT(A) to decide on the merits, ensuring that the assessee is given a proper opportunity to present his case.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 785297 (ITAT-AGRA)
• Duration Of Justice: 2 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-10-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2016-2017
• Appeal Filed On: 02-08-2025
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHAILENDRA SRIVASTAVA
• Assessee Lawyers: M.M.AGARWAL
• Keywords: Opportunity of being heard

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH ‘DB’: AGRA. BEFORE SHRIS.RIFAUR RAHMAN, ACCOUNTANT MEMBER and SHRI SUNIL KUMAR SINGH, JUDICIAL MEMBER ITA No.392/AGR/2025 (Assessment Year: 2016-17) Dwip Jain, vs. ITO 1(3)(1), 1928-29, New Pani Ki Tanki, Mathura. Mohalla Shekhon, Kosi Kalan, Mathura – 281 403 (Uttar Pradesh). (PAN : ARRPJ3455E) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri M.M. Agarwal, CA REVENUE BY : Shri Shailendra Srivastava, Sr.DR Date of Hearing : 15.10.2025 Date of Order : 28.10.2025 ORDER PER S. RIFAUR RAHMAN, AM : 1. This appeal is filed by the assessee against the order of the learned Commissioner of Income-tax (Appeals)/National Faceless Appeal Centre (NFAC), Delhi [for short ‘ld. CIT (A)] dated 18.07.2025 for Assessment Year2016-17. 2. At the time of hearing, ld. AR for the assessee brought to our notice that the ld. CIT (A) decided the issue against the assessee by observing that Printed from counselvise.com 2 ITA No.392/AGR/2025 assessee has not pursued the appeal despite being granted several opportunities and the details are given in the first appellate order and by relying on several decisions, he dismissed the appeal in limine. He submitted that ld. CIT (A) has not decided the issue on merit and prayed that this issue may be remitted back to the ld. CIT(A) with the prayer to give an opportunity of being heard to the assessee. He submitted that there are reasons for assessee for not appearing before the first appellate authority. 3. On the other hand, ld. DR for the Revenue objected to the submissions of the ld. counsel for the assessee and submitted that assessee has not utilized several opportunities granted by ld. CIT (A). 4. Considered the rival submissions and material placed on record. We observe that the addition was sustained by the ld. CIT (A) simply relying on the order of the AO ex-parte. In our considered view and in the interest of justice, we are of the opinion that assessee should be given one more opportunity of being heard on merit. Therefore, we restore the matter to the file of ld. CIT (A) and direct to decide the issue on merit as per law, after giving adequate opportunity of being heard to the assessee. We also direct assessee to make proper submissions and appear before Printed from counselvise.com 3 ITA No.392/AGR/2025 the ld.CIT (A) on the date of hearing and cooperate with the tax authorities. Accordingly, the appeal filed by the assessee is allowed for statistical purposes. 5. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open court on this 28th day of October, 2025. Sd/- sd/- (SUNIL KUMAR SINGH) (S.RIFAUR RAHMAN) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 28.10.2025 TS Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals). 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI Printed from counselvise.com "