KARAMVIR,BALLABGARH vs. INCOME TAX OFFICER WARD 1(4) - NFAC, INCOME TAX OFFICE

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ITA 586/DEL/2025Status: DisposedITAT Delhi01 July 2025AY 2017-18Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI S. RIFAUR RAHMAN (Accountant Member)3 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal acknowledged the possibility of communication gaps and deemed it appropriate in the larger interest of justice to restore the appeal back to the Assessing Officer for fresh adjudication. The assessee was granted three effective opportunities of hearing.

What were the facts?

The assessee's appeal for AY 2017-18 arose against an order involving proceedings under Section 147 r.w.s. 144 of the Income-tax Act, 1961. The assessee's counsel contended that due to communication gaps, the assessee could not present all facts in lower appellate proceedings.

What were the issues?

Whether the appeal should be restored to the Assessing Officer due to alleged communication gaps hindering the assessee's ability to present facts.

Which sections of the Income-tax Act were involved?

Section 147,Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘B’ NEW DELHI

Before: SHRI SATBEER SINGH GODARA & SHRI S. RIFAUR RAHMAN

Hearing: 01.07.2025Pronounced: 01.07.2025
1.

This assessee’s appeal for assessment year 2017-18, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN and order no. ITBA/NFAC/S/250/2024-25/1070120191(1), dated 05.11.2024 involving proceedings under section 147 r.w.s. 144 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).

Heard both the parties. Case filed perused.

2.

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, larger interest of justice would be met, in case, the matter may be restored back to the Assessing Officer. The Revenue vehemently support the learned lower authorities action making 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 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 Assessing Officer 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.

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