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ITAT Delhi Remands Reassessment Due to Notice on Wrong Email Address

Case Law Details

TaxGuru Citation
2025 taxguru.in 7566
Case Name
Sarita Jain Vs ITO (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2015-16
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Sarita Jain Vs ITO (ITAT Delhi)

ITAT Delhi Restores Reassessment for Fresh Consideration – Non-Service of Notice on Correct Email Leads to Remand

Assessee challenged reassessment proceedings initiated u/s 148 as time-barred. The reassessment had been completed u/s 147 r.w.s 144 r.w.s 144B on 20.05.2023, wherein Assessee was not represented. Similarly, the order of CIT(A) dated 29.08.2024 was also ex parte due to non-appearance.

Before Tribunal, it was argued that Assessee did not respond because notices were sent to an incorrect email ID as reflected in IT portal, instead of the email address “[email protected]” furnished in Form 35. Consequently, Assessee was deprived of effective opportunity to present her case.

Tribunal observed that both assessment & appellate proceedings had been concluded ex parte. Since principles of natural justice were violated due to non-service of notice on the correct email, Tribunal held that matter deserved to be remanded. To prevent miscarriage of justice, Tribunal restored the issue to AO with a direction to provide due opportunity of hearing & pass a reasoned order after considering evidences on record & any further documents furnished by Assessee. It was also clarified that if Assessee fails to cooperate, AO would be free to dispose of the matter in accordance with law.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,911

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