IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI ‘G’ BENCH, NEW DELHI BEFORE SHRI ANUBHAV SHARMA, JUDICIAL MEMBER, AND SHRI NAVEEN CHANDRA, ACCOUNTANT MEMBER ITA No. 1768/DEL/2025 [A.Y 2012-13]

Bhagwan Singh Vs. The I.T.O C/o Sanjeev Anand & Associates Ward - 1(5) Navyug Market, Ghaziabad Ghaziabad Uttar Pradesh PAN: EAKPS 7457 F (Appellant) (Respondent)

Assessee By : Shri Sumit Gupta, CA Department By : Shri Rajesh Kumar Dhanesta, Sr. DR Date of Hearing : 07.10.2025 Date of Pronouncement : 07.10.2025 PER NAVEEN CHANDRA, AM :-

This appeal by the assessee is directed against the order of the ld.

CIT(A) dated 19.02.2025 pertaining to A.Y 2012-13.

2. At the very outset, the ld counsel of the assessee submitted that the assessment has been made ex-parte and the ld. CIT(A) has wrongly confirmed the assessment order without examining whether the AO has assumed a legally valid jurisdiction as per law and whether the AO has complied with the mandatory conditions u/s 147 to 151 as envisaged under the Act. The ld AR stated that the ld. CIT(A) was not justified in confirming the additions made by the Assessing Officer as unexplained by recording incorrect facts and findings and without observing principles of natural justice. Therefore, it was prayed for restoring the matter to the ld. CIT(A) for deciding the issues afresh.

3. Per contra, the ld. DR relied upon the orders of the authorities below.

4. We have heard the rival submissions and have perused the relevant material on record. In view of the facts and circumstances narrated above and in the interest of justice and fair play, we deem it fit to restore the matter back to the file of the ld. CIT(A) to decide the issues afresh after allowing adequate opportunity of being heard to the assessee. The assessee is also directed to provide necessary information /documents as required by the authorities.

5. In the result, appeal of assessee in ITA No. 1768/DEL/2025 is allowed for statistical purposes.

Order pronounced in open court on 13.10.2025.

Sd/- Sd/-

[ANUBHAV SHARMA] [NAVEEN CHANDRA] JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 13^th OCTOBER, 2025.

VL/

Copy forwarded to:

1. Appellant

2. Respondent

3. CIT

4. CIT(A) Asst. Registrar, 5. DR ITAT, New Delhi Sl PARTICULARS DATES