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Facts
The assessee's appeal for Assessment Year 2010-11 arose from an order by the CIT(A)/NFAC. The assessee contended that due to communication gaps and the introduction of virtual hearings, they could not effectively present their case in the lower appellate proceedings.
Held
The Tribunal acknowledged the possibility of communication gaps and held that it was in the larger interest of justice to set aside the appeal. The matter was restored back to the CIT(A)/NFAC for fresh adjudication.
Key Issues
Whether the assessee was prevented from presenting their case effectively due to communication gaps, warranting a restoration of the appeal to the CIT(A)/NFAC.
Sections Cited
147, 144, 250(6)
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Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
Asstt. Year : 2010-11 Bhartiya Khadi Gramoudhyog Vs DCIT(Exemption), Pratishthan, C/o CA Vaibhav Goel, Ghaziabad, 75, Navyug Market, 1st Floor, Uttar Pradesh-201002 Ghaziabad-201001 (APPELLANT) (RESPONDENT) PAN No. AABTB1079P Assessee by: Sh. Vaibhav Goel, CA Revenue by : Sh. Sudeep Dabas, Sr. DR Date of Hearing: 10.07.2025 Date of Pronouncement: 10.07.2025 ORDER This assessee’s appeal for Assessment Year 2010-11, arises against the CIT(A)/NFAC, Delhi’s DIN & order No. ITBA/NFAC/S/250/2023-24/1057992727(1) dated 16.11.2023, in proceedings u/s 147 r.w.s. 144 of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties at length. Case file perused.
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)/NFAC.
Bharitya Khadi Gramoudhyog pratishthan 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)/NFAC for his afresh appropriate adjudication, within three effective opportunities of hearing at the appellant’s risk and responsibility, in consequential proceedings. Ordered accordingly.