Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Income Tax

Incorrect Email Address in Form No. 35: ITAT Restores Matter to CIT(A)

Case Law Details

TaxGuru Citation
2025 taxguru.in 84
Case Name
Conscient Infrastructure P. Ltd. Vs DCIT (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
Advertisement

Conscient Infrastructure P. Ltd. Vs DCIT (ITAT Delhi)

The case of Conscient Infrastructure P. Ltd. vs. DCIT (ITAT Delhi) addresses the dismissal of the assessee’s appeal due to procedural errors in notice service by the Commissioner of Income Tax (Appeals) [CIT(A)]. The dispute arose from an ex-parte decision by the CIT(A), dismissing the appeal for the assessment year 2017-18. The assessee argued that notices from the CIT(A) were sent to an incorrect email address, contrary to the one specified in Form No. 35. This discrepancy led to the non-receipt of critical communications, impeding the assessee’s ability to respond. The appellant provided evidence, including a notice dated 16.02.2024, highlighting the error and sought restoration of the appeal for a fair hearing.

In response, the revenue department defended the order, stating that ample opportunities were provided to the assessee, who failed to respond to most of the notices. However, the Income Tax Appellate Tribunal (ITAT) acknowledged the procedural lapse in sending notices to the wrong email address and emphasized the need for a fair opportunity to the assessee. The ITAT restored the matter to the CIT(A) for fresh adjudication, instructing that notices be served on the correct email ID as per Form No. 35. The assessee has been directed to promptly respond to these notices during the renewed proceedings.

Paid content

Become a Premium Member, or log in if you are already a Premium member.

Advertisement

Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 20,985

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.