No Fair Hearing, No Valid Assessment – ITAT Backs Remand for Fresh Inquiry

DCIT Vs Gujarat Mercantile Co-op Bank Ltd. (ITAT Ahmedabad)

AO reopened the case &  added ₹70 lakh treating a transaction as bogus, despite Assessee filing detailed submissions &  documents.  CIT(A) found that  AO ignored the evidence &  virtually passed the order ex parte, without granting a proper &  meaningful opportunity. Instead of deciding on merits, CIT(A) set aside the assessment u/s 251(1)(a) &  sent the matter back to AO for fresh adjudication after full hearing.

Revenue argued that the assessment was not ex parte &  CIT(A

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