Ashok Kumar Goyal Vs DCIT (ITAT Agra)
The case of Ashok Kumar Goyal vs. DCIT, decided by the Income Tax Appellate Tribunal (ITAT), Agra Bench, concerned an appeal filed by the assessee, Ashok Kumar Goyal, against an order of the Commissioner of Income-tax (Appeals) [CIT(A)], National Faceless Appeal Centre (NFAC), Delhi.
Core Issue and CIT(A)’s Decision
The underlying issue for the Assessment Year 2013-14 was the treatment of an addition of ₹1,23,10,312/-. The assessee had claimed this amount as a short-term capital gain, but the Assessing Officer, an addition confirmed by the CIT(A), treated it as income from other sources. This re-classification resulted in the impugned tax addition. The CIT(A), in the order dated March 25, 2025, dismissed the assessee’s first appeal, thereby confirming the addition.
Assessee’s Ground of Appeal
In the appeal before the ITAT, the assessee contended that the CIT(A) erred by confirming the assessment order in violation of Section 250(6) of the Income-tax Act, 1961, and the principles of natural justice.
ITAT’s Analysis and Holding
Despite the assessee failing to appear for the hearing before the ITAT and having an adjournment application rejected, the Tribunal proceeded to examine the merits of the procedural ground. The learned Departmental Representative (DR) supported the CIT(A)’s impugned order.
