KAVITA OVERSEAS PVT LTD,DELHI vs. ITO WARD-14(2), DELHI

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ITA 4365/DEL/2025Status: DisposedITAT Delhi20 August 2025AY 2010-11Bench: Sh. Satbeer Singh Godara (Judicial Member)4 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal acknowledged the possibility of communication gaps and the lack of effective compliance with Section 250(6) of the Act in the lower appellate order. Therefore, in the interest of justice, the Tribunal set aside the appeal and restored it to the CIT(A) for a fresh adjudication.

What were the facts?

The assessee's appeal for AY 2010-11 arose from an order passed by the CIT(A) in proceedings under Section 143(3) r.w.s. 147 of the Income Tax Act. The assessee contended that due to communication gaps, especially with the new virtual hearing mechanism, they could not effectively present their case.

What were the issues?

Whether the lower appellate proceedings were conducted effectively, and if not, whether the matter should be remanded for fresh adjudication due to communication gaps and procedural lapses.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI

Before: Sh. Satbeer Singh Godara

Hearing: 20.08.2025Pronounced: 20.08.2025

Asstt. Year : 2010-11 Kavita Overseas Pvt. Ltd., Vs Income Tax Officer, 5537-39, 2nd Floor, Basti Harphool Ward-14(2), Singh, Sadar Thana Road, New Delhi-110001 Delhi-110006 (APPELLANT) (RESPONDENT) PAN No. AAACK7976J Assessee by: Sh. Ummed Singh Kuntal, CA Revenue by : Sh. Manoj Kumar, Sr. DR Date of Hearing: 20.08.2025 Date of Pronouncement: 20.08.2025 ORDER This assessee’s appeal for Assessment Year 2010-11, arises against the CIT(A)-5, New Delhi’s in case No. Del/CIT(A)-5/0476/2016-17 dated 18.02.2019, in proceedings u/s 143(3) r.w.s. 147 of the Income Tax Act, 1961 (in short “the Act”).

2.

Heard both the parties at length. Case file perused.

3.

Learned counsel submits that on account of communication gaps at various levels, the assessee could not appear to plead and prove all the relevant facts in the lower appellate proceedings and therefore, in the larger interest of justice met in case, the matter be restored back to the CIT(A).

4.

Be that as it may, the fact remains that possibility of some communication gaps at various levels in such an instance of the newly introduced virtual hearing mechanism could not be altogether ruled out. This is indeed coupled with the facts that there is also no effective compliance to section 250(6) of the Act in the impugned lower appellate order stipulating points of determination to be framed followed by a detailed adjudication thereupon. It is therefore deemed appropriate in the larger interest of justice to set aside the assessee’s instant appeal back to the CIT(A) for his afresh appropriate adjudication, within three effective opportunities of hearing at the appellant’s risk and responsibility, in consequential proceedings. Ordered accordingly.

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