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No Proof of Mala Fide Conduct – Appeal Referred Back to CIT(A)
Case Law Details
- Case Name
- Late Prakash Chandra Virdi Vs ITO (ITAT Raipur)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2012-13
- Courts
- All ITAT, ITAT Raipur
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Late Prakash Chandra Virdi Vs ITO (ITAT Raipur)
No Proof of Deliberate Default—Natural Justice Requires One More Opportunity- CIT(A) Must Give Speaking Order
Tribunal examined an ex-parte order passed by CIT(A)/NFAC due to Assessee’s repeated non-compliance. AO had completed assessment & CIT(A) dismissed the appeal ex-parte after multiple notices. Tribunal noted that although Assessee did not appear, there was no material to show any deliberate or mala fide non-compliance. Relying on Raipur ITAT Division Bench decision in Brajesh Singh Bhadoria & Bombay HC ruling in Vijay Shrinivas...






