KUBER PLANTERS LIMITED,DELHI vs. DCIT CIRCLE 13(1), DELHI

This assessee’s appeal for assessment year 2013-14, 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/250/2023-24/1061958266(1), dated
04.03.2024 involving proceedings under section 143(3) r.w.s. 147
of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
2. Case called twice. None appears at the assessee’s behest. It is accordingly proceeded ex-parte.
3. It emerges at the outset during the course of hearing that the learned CIT(A)/NFAC in it’s lower appellate order
Assessee by None
Department by Sh. Manoj Kumar, Sr. DR
Date of hearing
28.05.2025
Date of pronouncement
28.05.2025
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4. I have given my thoughtful consideration to the foregoing rival stand and I am of the considered view that since the CIT(A) has proceeded ex-parte against the assessee, possibility of some communication gaps between the taxpayer and the arguing counsel involving the newly introduced system of faceless hearings, could not be altogether ruled out.
5. Faced with this situation, in the larger interest of justice, I deem it appropriate to restore the assessee’s instant appeal back to the CIT(A)/NFAC for it’s afresh appropriate adjudication, within three effective opportunities subject to a rider that the taxpayer shall plead and prove the case at his own risk and responsibility, in consequential proceedings. Ordered accordingly.
6. This assessee’s appeal is allowed for statistical purposes.
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Order pronounced in the open court on 28th May, 2025 (SATBEER SINGH GODARA)
JUDICIAL MEMBER

Dated: 28th May, 2025. RK/-