JYOTI NAGPAL,NEW DELHI vs. INCOME TAX OFFICER WARD 36(1), CIVIC CENTRE NEW DELHI

This assessee’s appeal for assessment year 2009-10, 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/250/2023-24/1060048530(1), dated
24.01.2024 involving proceedings under section 271(1)(c) 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. Jagdish Ajmani, CA
Department by Sh. Akhilesh Kumar Yadav, Sr. DR
Date of hearing
03.06.2025
Date of pronouncement
03.06.2025
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 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 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 3rd June, 2025 (SATBEER SINGH GODARA)

JUDICIAL MEMBER

Dated: 3rd June, 2025. RK/-