ENTERSLICE ITES PRIVATE LIMITED,NOIDA vs. INCOME TAX OFFICER WARD 5(1)(3), NOIDA
What did the Tribunal hold?
The Tribunal found that communication gaps in the virtual hearing mechanism could not be ruled out. Therefore, in the interest of justice, the matter was restored to the CIT(A)/NFAC for fresh adjudication.
What were the facts?
The assessee's appeal for AY 2017-18 arose from an order of the CIT(A)/NFAC. The assessee could not appear before the lower appellate authority due to communication gaps.
What were the issues?
Whether the assessee was prevented from presenting their case before the lower appellate authority due to communication gaps in the virtual hearing process.
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: Sh. Satbeer Singh Godara
This assessee’s appeal for Assessment Year 2017-18,
arises against the National Faceless Appeal Centre/Ld.
Commissioner of Income Tax (Appeals), Delhi’s order dated
13.03.2026, in proceedings u/s 143(3) of the Income Tax Act,
1961 (in short “the Act”).
Heard the Ld. DR. Case file perused.
It transpires from the records 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. The Revenue vehemently supports the learned
lower authority’s action making the addition(s) herein on
merits.
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. 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.
This assessee’s appeal is allowed for statistical purposes.
Order Pronounced in the Open Court on 08/07/2026.
SD/-
(Satbeer Singh Godara) Judicial Member Dated: 22/07/2026 *SR Bhatnagar* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR
Latest GST High Court judgments
Search GST case law →- Tankala Soumya vs. Assistant Commissioner Of State Tax, CT And GST, Rayagada Circle, RayagadaOrissa · 31 Oct 2026
- M/S Pooja, Town Hallroad, Cuttack vs. State Tax Officer, Cuttack-I West Circle,CuttackOrissa · 31 Oct 2026
- M/S Chicvogue Fashions Lip, Ganjam vs. State Tax Officer Bhubaneswar- Ii CircleOrissa · 31 Oct 2026
- M/S Priya, Townhall Road, Cuttack vs. Superintendent Cuttack- I Range, CuttackOrissa · 31 Oct 2026
- Dwaraka Jewellers, Bhubaneswar vs. Superintendent, CGST And Central Excise, BhubaneswarOrissa · 31 Oct 2026