JAGJEET SINGH,MEERUT vs. ITO WARD 3(1)(1), MUZAFFAR NAGAR
What did the Tribunal hold?
The Tribunal found that both lower authorities had proceeded ex-parte against the assessee. Considering the possibility of communication gaps due to the faceless system, the appeal was restored to the Assessing Officer for fresh adjudication.
What were the facts?
The assessee's appeal for AY 2019-20 was against an ex-parte order by the CIT(A)/NFAC. The lower appellate authority did not frame points of determination or provide detailed adjudication.
What were the issues?
Whether the ex-parte proceedings and lack of detailed adjudication by the lower appellate authority warrant a remand for fresh assessment.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCHES, ‘SMC’ NEW DELHI
Before: SHRI SATBEER SINGH GODARA
आयकर अपीलीय आयकर अपीलीय अिधकरण अिधकरण, �द�ली �द�ली पीठ� पीठ�, नई नई �द�ली �द�ली आयकर आयकर अपीलीय अपीलीय अिधकरण अिधकरण �द�ली �द�ली पीठ� पीठ� नई नई �द�ली �द�ली INCOME TAX APPELLATE TRIBUNAL, DELHI BENCHES, ‘SMC’ NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER
ITA No.5275/DEL/2026 िनधा�रणवष�/AssessmentYear:2019-20) JAGJEET SINGH ITO WARD 3(1)(1) JAGJEET SINGH C/O CHANDER MUZAFFARNAGAR-251001, MEHRA 7, RAJESHWARI PALACE, UTTAR PRADESH Vs. CIVIL LINES, MEERUT, MEERUT UTTAR PRADESH-250001, अपीलाथ�Appellant ��थ� Respondent
Permanent Account Number of Assessee: FYQPS8007C
अपीलाथ��ारा/Appellant represented by: Sh. Chander Mehra, CA ��थ��ारा/Respondentrepresented by: Sh. Nirmal Nangia, Sr.DR सुनवाईकीतारीख/Date of conclusion of hearing: 07.07.2026 घोषणाकीतारीख/Date of pronouncement: 07.07.2026 आदेश / ORDER This assessee’s appeal for assessment year 2019-20, arises against the Ld. CIT(Appeals)/National Faceless Appeal Centre, New Delhi’s order in DIN & Order No : ITBA/NFAC/S/250/2025- 26/108753939(1), dated 18.03.2026 involving proceedings under section 147 r.w.s144 r.w.s. 144B of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’). Heard both the parties. Case file perused. 2. It emerges at the outset during the course of hearing that the learned CIT(A)/NFAC’s detailed discussion has proceeded ex-parte
ITA 5275/DEL/2026 JAGJEET SINGH
against the assessee thereby affirming the Assessing Officer’s action
making the corresponding disallowances/additions herein. Nor do we
find any substantive lower appellate adjudication as contemplated u/s
250(6) of the Act requiring the CIT(A)/NFAC to first frame points of
determination followed by a detailed discussion thereupon.
Mr. Nirmal Nangia, learned departmental respresentative
vehemently argues during the course of hearing in support of CIT(A)’s
finding that the assessee had not filed any explanation or evidence
supporting it’s case and therefore, his instant appeal deserves to be
dismissed.
I have given our thoughtful consideration to the foregoing rival
stand and are of the considered view that since both the learned lower
authorities 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.
Faced with this situation, in the larger interest of justice, I deem
it appropriate to restore the assessee’s instant appeal back to the
learned Assessing Officer for it’s afresh appropriate adjudication,
within three effective opportunities subject to a rider that the taxpayer
ITA 5275/DEL/2026 JAGJEET SINGH
shall plead and prove the case at his own risk and responsibility, in
consequential proceedings. Ordered accordingly.
This assessee’s appeal is allowed for statistical purposes.
Order pronounced in the open court on 7th July, 2026.
Sd/- (SATBEER SINGH GODARA) JUDICIAL MEMBER Dated: 31st July, 2026. f{x~{tÜ f{x~{tÜ f{x~{tÜ f{x~{tÜ
More judgments on Section 147
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