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Crafted Mindfully at
© 2026 COUNSELVISE
  1. direct tax
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Judges
Appeal Type

Income Tax Appeal

Bench
Assessment Year

2012-2013

Result in Favour of

Partly Allowed

MAYANK SAHAI,LUCKNOW V. DCIT/ACIT-3 LUCKOW-NEW, INCOME TAX DEPARTMENT

ITA 832/LKW/2025

2012-2013

Pronouncement Date: 13-02-2026

Result: Partly Allowed

7
Appeal details
RSA Number
[2026] 140 COUNSELVISE.COM (IT) 836091 (ITAT-LUCKNOW)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
2 month(s) 16 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
13-02-2026
Appeal Filed By
Assessee
Order Result
Partly Allowed
Bench Allotted
B
Next Hearing Date
-
Assessment Year
2012-2013
Appeal Filed On
28-11-2025
Judgement Text
"I.T.A. No.832/Lkw/2025 Assessment Year:2012-13 1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH ‘B’, LUCKNOW BEFORE SHRI KUL BHARAT, VICE PRESIDENT AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER I.T.A. No.832/Lkw/2025 Assessment Year: 2012-13 Mayank Sahai 2 Chandralok Colony, Aliganj, Lucknow-226024. PAN:CVZPK6185N Vs. DCIT/ACIT-3 Lucknow-New-Pratkashkar Bhawan Ram Tireath Marg, Narhi Lucknow- New-226001. (Appellant) (Respondent) O R D E R PER ANADEE NATH MISSHRA:A.M. (A) This appeal vide I.T.A. No.832/LKW/2025 has been filed by the assessee for assessment year 2012-13 against impugned appellate order dated 17.09.2025 (DIN & Order No.ITBA/APL/S/250/2025- 26/1080845257(1) of Ld. Addl/JCIT Commissioner of Income Tax (Appeals), the First Appellate Authority. (B) The facts of the case, in brief, are that the assessee filed his return of income on 24.05.2019 showing income of Rs.39,14,440/-. The Assessing Officer passed assessment order u/s 147/143(3) of the Income Tax Act, 1961 (“Act”, for short) on 02.12.2019 and determined the total income of the assessee at Rs.92,10,062/- by making addition of Rs.52,95,622/- on account of long-term capital gain. Appellant by None Respondent by Shri R. N. N. Shukla, Addl. CIT (D.R.) Printed from counselvise.com I.T.A. No.832/Lkw/2025 Assessment Year:2012-13 2 (C) At the time of hearing before the Tribunal, there was no representation from the assessee’s side. In the absence of any representation from the assessee’s side, the learned D.R. for Revenue was heard and the materials on record were perused. It is noticed that learned CIT(A) failed to pass a speaking order on merits and dismissed the assessee’s appeal in a summary manner in violation of the provisions u/s 250(6) of the Act. Under provisions of section 250(6) of the I.T. Act, the learned CIT(A) was required to dispose of the appeal stating the points for determination, the decision thereon and the reason for the decision. In other words, the order of the learned CIT(A) must be a speaking order on merits of the case. The unambiguous provisions of section 250(6) of the I.T. Act require CIT(A) to pass speaking order on merits whether or not there was any attendance or compliance to the notices, on the part of the appellant assessee. In view of the foregoing, the impugned appellate order of learned CIT(A) dated 17.09.2025 is set aside and issues in dispute are restored back to the file of learned CIT(A) with the direction to pass de novo speaking order in accordance with law after providing reasonable opportunity of being heard to the assessee, and ensuring due adherence with provisions of section 250(6) of the I.T. Act. The Ld. Departmental Representative was in agreement with this, at the time of hearing. (D) In the result, the appeal is partly allowed for statistical purposes. (Order pronounced in the open court on 13/02/2026) Sd/. Sd/. (KUL BHARAT) (ANADEE NATH MISSHRA) Vice President Accountant Member Dated: 13/02/2026 Vijay Pal Singh, (Sr. PS) Printed from counselvise.com I.T.A. No.832/Lkw/2025 Assessment Year:2012-13 3 Copy of the order forwarded to : 1. The Appellant 2. The Respondent 3. Concerned CIT 4. D.R. ITAT, Lucknow Printed from counselvise.com "
Judges
Appeal Type

Income Tax Appeal

Bench
Assessment Year

2012-2013

Result in Favour of

Partly Allowed

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