KRITIKA JAIN L/H LATE SH. SANJAY JAIN,DELHI vs. ACIT, CIRCLE 61(1), DELHI

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ITA 2928/DEL/2026Status: DisposedITAT Delhi22 July 2026AY 2013-143 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The assessee's counsel sought permission to withdraw the appeals. The Revenue did not object to this request. Consequently, the Tribunal dismissed both appeals as withdrawn.

What were the facts?

The assessee filed appeals against the orders of the NFAC for AYs 2013-14 and 2014-15. The appeals were challenging the assessment orders passed under section 147 r.w.s. 144B of the Income Tax Act.

What were the issues?

The primary issue was the assessee's request to withdraw the appeals. Procedural issues regarding jurisdiction and opportunity of being heard were raised but not adjudicated due to the withdrawal.

Which sections of the Income-tax Act were involved?

Section 147,Section 144B,Section 151

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES, E : NEW DELHI

Before: MS. KAVITHA RAJAGOPAL & SMT. RENU JAUHRI

For Appellant: Shri Tanishq Ahuja, Adv
For Respondent: Shri Tarun Sharda, Sr. D.R
Hearing: 22.07.2026Pronounced: 22.07.2026

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES, E : NEW DELHI BEFORE MS. KAVITHA RAJAGOPAL, JUDICIAL MEMBER AND SMT. RENU JAUHRI, ACCOUNTANT MEMBER ITA Nos. 2928 & 2929/Del/2026 Assessment Years : 2013-14 & 2014-15 Ms. Kritika Jain Vs ACIT L/H Late Sh. Sanjay Jain Circle – 61(1) 34, 1st Floor Khasra No.28 Civic Centre, Minto Road Near Tikona Park Kewal Park New Delhi-110 002 Azadpur, Delhi – 33 PAN: CBKPJ 5646 Q (Appellant) (Respondent) Assessee by : Shri Tanishq Ahuja, Adv. Revenue by : Shri Tarun Sharda, Sr. D.R. Date of Hearing : 22.07.2026 Date of Pronouncement : 22.07.2026 ORDER PER RENU JAUHRI, ACCOUNTANT MEMBER These two appeals by the assessee are directed against the order dated 22.01.2026 of the National Faceless Appeal Centre (NFAC), Delhi (hereinafter referred to as the ‘Ld. CIT(A)’] arising out of the Assessment Order dated 30.03.2022 passed under section 147 r.w.s. 144B of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) by ACIT/DCIT, NFAC, Delhi (hereinafter referred to as the ‘AO’) pertaining to Assessment Years (A.Ys.) 2013-14 & 2014-15.

ITA Nos.2928 & 2929/Del/2026 Kritika Jain vs ACIT 2. The assessee has raised the following grounds of appeal in ITA No.2928/Del/2026 for A.Y. 2013-14 : 1. “On the facts and circumstances of the case, the order passed by the National Faceless Appeal Centre (NFAC) is bad both in the eye of law and on facts. 2. On the facts and circumstances of the case, the order passed by the NFAC is bad and liable to be quashed as the same was initiated by the Id. AO without having valid jurisdiction in terms of instruction no. 1/2011 [F. No. 187/12/2010-IT(A-1)], dt. 31.01.2011. 3. (1) On the facts and circumstances of the case, NFAC has erred both on facts and in law in passing the order without giving assessee an opportunity of being heard (ii) That the order has been passed without issuing any notice of hearing and relying on irrelevant facts. 4. On the facts and circumstances of the case, the order passed by the A.O. is bad in law having been initiated in violation of the statutory conditions of the Act and the procedure prescribed under the law and as such the same is bad in the eye of law and liable to be quashed. 5. On the facts and circumstances of the case, the order passed by the A.O. is bad in law having been initiated without proper approval as mandated under section 151 of the Act. 6. On the facts and circumstances of the case, the NFAC has erred both on facts & in law in setting aside the order without giving finding on the merits of the case. 7. The appellant craves leave to add, amend or alter any of the grounds of appeal.”

3.

The assessee has raised the following grounds of appeal in ITA No.2929/Del/2026 for A.Y. 2014-15 : 1. “On the facts and circumstances of the case, the order passed by the National Faceless Appeal Centre (NFAC) is bad both in the eye of law and on facts. 2. On the facts and circumstances of the case, the order passed by the NFAC is bad and liable to be quashed as the same was initiated by the id. AO without having valid jurisdiction in terms of instruction no. 1/2011 [F. No. 187/12/2010-IT(A-1)], dt. 31.01.2011.

ITA Nos.2928 & 2929/Del/2026 Kritika Jain vs ACIT 3. (1) On the facts and circumstances of the case, NFAC has erred both on facts and in law in passing the order without giving assessee an opportunity of being heard (ii) That the order has been passed without issuing any notice of hearing and relying on irrelevant facts. 4. On the facts and circumstances of the case, the order passed by the A.O. is bad in law having been initiated in violation of the statutory conditions of the Act and the procedure prescribed under the law and as such the same is bad in the eye of law and liable to be quashed. 5. On the facts and circumstances of the case, the order passed by the A.O. is bad in law having been initiated without proper approval as mandated under section 151 of the Act. 6. On the facts and circumstances of the case, the NFAC has erred both on facts & in law in setting aside the order without giving finding on the merits of the case. 7. The appellant craves leave to add, amend or alter any of the grounds of appeal.”

4.

At the outset, Ld. AR has sought permission of the Bench to withdraw the appeals. Ld. DR has not objected to the proposition.

5.

We, therefore, dismiss both the appeals as withdrawn. Order pronounced in the open court on 22.07.2026 Sd/- Sd/- (KAVITHA RAJAGOPAL) (RENU JAUHRI) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 31.07.2026. Priti Yadav, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asstt. Registrar, ITAT, New Delhi 3

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