PAWAN KUMAR,GURGAON vs. INCOME TAX OFFICER, GURUGRA,
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeal and restored the matter to the CIT(A)/NFAC for fresh adjudication. This was done in the larger interest of justice, acknowledging potential communication gaps.
What were the facts?
The assessee filed an appeal for AY 2011-12 against an order passed under section 147 r.w.s. 144 of the Income-tax Act. The assessee requested the matter be restored to the CIT(A)/NFAC due to communication gaps during lower appellate proceedings.
What were the issues?
Whether the assessee's appeal should be restored to the lower appellate authority due to alleged communication gaps during proceedings.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: “SMC” NEW DELHI
Before: SHRI SATBEER SINGH GODARA
IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: “SMC” NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER ITA No.4972/Del/2026 Assessment Year: 2011-12 Sh. Pawan Kumar, Vs. Income Tax Officer, Village Bilaspur, Maneser, Ward No. 3(2), Gurgaon, Gurgaon Haryana-122413. PAN: BCMPS8538N (Appellant) (Respondent)
Assessee by Sh. Vipul Gupta, Adv. Department by Sh. Manoj Kumar, Sr. DR
Date of hearing 04.08.2026 Date of pronouncement 04.08.2026 ORDER This assessee’s appeal for assessment year 2011-12, 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/250/2024-25/1066648454(1), dated 12.07.2024 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 file perused.
ITA No.4972/Del/2026
Delay of 578 days in filing of the assessee’s instant appeal is condoned in larger interest of justice and in light of Collector, Land & Acquisition vs. Mst. Katiji & Others (1987) 167 ITR 471 (SC). 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, larger interest of justice would be met, in case, 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 4th August, 2026
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ITA No.4972/Del/2026
Sd/- (SATBEER SINGH GODARA) JUDICIAL MEMBER Dated: 27th August, 2026. RK/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi
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