DAYAWAT,UTTAR PRADESH vs. ITO, UTTAR PRADESH
What did the Tribunal hold?
The Tribunal found that communication gaps in the virtual hearing mechanism were possible. Therefore, in the interest of justice, the case was set aside to the CIT(A)/NFAC for fresh adjudication.
What were the facts?
The assessee's appeal for AY 2019-20 arose from proceedings under Section 147/144. Due to communication gaps, the assessee could not present all relevant facts before the lower appellate authority.
What were the issues?
Whether the assessee was prevented from presenting their case effectively due to communication gaps in virtual proceedings and if the matter should be remanded for fresh adjudication.
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 2019-20,
arises against the National Faceless Appeal Centre/Ld.
Commissioner of Income Tax (Appeals), Delhi’s in DIN & Order
No. ITBA/NFAC/S/250/2025-26/1086119749(1) dated
17.02.2026, in proceedings u/s 147/144 of the Income Tax Act,
1961 (in short “the Act”).
Heard the both the sides. 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
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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