JAI SINGH GOEL,DELHI vs. DCIT CC-15, DELHI
What did the Tribunal hold?
The Tribunal acknowledged the possibility of communication gaps, especially with the new virtual hearing mechanism. Therefore, in the interest of justice, the case was set aside and restored to the CIT(A)/NFAC for fresh adjudication.
What were the facts?
The assessee's appeal for AY 2023-24 arose from proceedings under Section 147 read with Section 143(3). The assessee contended that due to communication gaps, they 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 the lower appellate 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: Sh. Satbeer Singh Godara
This assessee’s appeal for Assessment Year 2023-24,
arises against the CIT(A)-26, New Delhi’s in DIN & Order No.
ITBAS/APLS/S/250/2026-27/1088425011(1) dated 13.04.2026,
in proceedings u/s 147 r.w.s. 143(3) of the Income Tax Act,
1961 (in short “the Act”).
Heard both the parties at length. Case file perused.
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, 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
Recent GST High Court judgments
Search GST case law →- M/S Redamancy World Through Its Proprietor Sanjay Kumar Goel vs. Central Board Of Indirect Taxes And Customs & Ors.Delhi · 27 Oct 2026
- M/S Arj Exim INDIA vs. Additional Commissioner Of CGST, Appeals-Ii, New Delhi And OrsDelhi · 27 Oct 2026
- The State Of Bihar Through The Commissioner Of State Tax vs. Kaushlendra KumarPatna · 27 Oct 2026
- Ayush Sureshchandra Shah vs. State Of GujaratGujarat · 27 Oct 2026
- Sureshchandra Moolchand Shah vs. State Of GujaratGujarat · 27 Oct 2026