ANIL KUMAR GUPTA,GANDHI NAGAR vs. WARD 58(1), DELHI, INCOME TAX DEPARTMENT

This assessee’s appeal for assessment year 2011-12, arises against the Commissioner of Income Tax (Appeals)/Addl./JCIT (A)-
1, Hyderabad’s DIN and order no. ITBA/APL/S/250/2024-
25/1071446853(1), dated 23.12.2024, involving proceedings under section 144 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).

Heard both the parties. Case file perused.
2. Learned counsel submits that on account of communication gaps at various levels, the assessee could
Assessee by Sh. Rahul Agrahari, Adv.
Department by Sh. Sudeep Dabas, Sr. DR
Date of hearing
08.07.2025
Date of pronouncement
08.07.2025
2 | P a g e not appear to plead and prove all the relevant facts in the lower appellate proceedings; and; therefore, the matter may be restored back to the CIT(A)/NFAC. The Revenue vehemently supports the learned lower authority’s action making the addition(s) herein on merits.
3. 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. It is therefore deemed appropriate in the larger interest of justice to restore 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.
4. This assessee’s appeal is allowed for statistical purposes.
Order pronounced in the open court on 8th July, 2025 (SATBEER SINGH GODARA)

JUDICIAL MEMBER

Dated: 8th July, 2025. 3 | P a g e

RK/-