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Facts
The assessee's appeal for AY 2019-20 arose from an order of the CIT(A) under Section 153C of the Income Tax Act. The assessee's counsel argued that due to communication gaps in virtual hearings, the assessee could not present all facts.
Held
The Tribunal noted the possibility of communication gaps with virtual hearings and lack of compliance with Section 250(6) in the lower appellate order. Therefore, to serve the interest of justice, the appeal was set aside.
Key Issues
Whether the assessee was prevented from presenting their case due to communication gaps in virtual hearings, warranting a fresh adjudication by the CIT(A).
Sections Cited
153C, 250(6)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
Asstt. Year : 2019-20 Vivek Gupta, Vs DCIT, BT-36, Shalimar Bagh, Central Circle-26, Delhi-110088 New Delhi-110055 (APPELLANT) (RESPONDENT) PAN No. AJJPG6648L Assessee by: Sh. Sumit Lal Chandani, CA Revenue by : Sh. Manoj Kumar, Sr. DR Date of Hearing: 27.05.2025 Date of Pronouncement: 27.05.2025 ORDER
This assessee’s appeal for Assessment Year 2019-20, arises against the CIT(A), Delhi-25’s DIN & order No. ITBA/APL/S/250/2024-25/1072136366(1) dated 13.01.2025, in proceedings u/s 153C 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).
Vivek Gupta 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 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) for his afresh appropriate adjudication, within three effective opportunities of hearing at the appellant’s risk and responsibility, in consequential proceedings. Ordered accordingly.
This assessee’s appeal is allowed for statistical purposes. Order Pronounced in the Open Court on 27/05/2025.