MAHIPAL SHARMA,MEERUT vs. ITO WARD-1(4), MEERUT

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ITA 1850/DEL/2025Status: DisposedITAT Delhi04 June 2025AY 2012-13Bench: Sh. Satbeer Singh Godara (Judicial Member)1 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal noted the possibility of communication gaps, especially with the newly introduced virtual hearing mechanism. It also observed a lack of effective compliance with Section 250(6) of the Act in the lower appellate order.

What were the facts?

The assessee filed an appeal for AY 2012-13 against an order passed in proceedings u/s 143(3) r.w.s. 147. The assessee contended that due to communication gaps, they could not effectively present their case.

What were the issues?

Whether the assessee had adequate opportunity to present their case in the lower appellate proceedings, and if the lower appellate order complied with statutory requirements.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 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

Hearing: 04.06.2025Pronounced: 04.06.2025

Asstt. Year : 2012-13 Mahipal Sharma, Vs Income Tax Officer, S/o Chander Sain Sharma, Ward-1(4), 288, Roorkee Road, Bharat Vihar, Meerut-250001 Modi Puram, Meerut-250110 (APPELLANT) (RESPONDENT) PAN No. BUYPS9587B Assessee by: Sh. V. Raj Kumar, Adv. Revenue by : Sh. Akhilesh Kumar Yadav, Sr. DR Date of Hearing: 04.06.2025 Date of Pronouncement: 04.06.2025 ORDER This assessee’s appeal for Assessment Year 2012-13, arises against the CIT(A)/NFAC, Delhi’s DIN & order No. ITBA/NFAC/S/250/2023-24/1054717302(1) dated 29.07.2023, in proceedings u/s 143(3) r.w.s. 147 of the Income Tax Act, 1961 (in short “the Act”).

2.

Heard both the parties at length. Case file perused.

3.

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)/NFAC.

Mahipal Sharma 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 effective 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)/NFAC for his afresh appropriate adjudication, within three effective opportunities of hearing at the appellant’s risk and responsibility, in consequential proceedings. Ordered accordingly.

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