RAMBIR GAUR,FARIDABAD vs. ITO, WARD 2(5), FARIDABAD, CGO COMPLEX, FARIDABAD
What did the Tribunal hold?
The Tribunal acknowledged the possibility of communication gaps and restored the appeal to the Assessing Officer for fresh adjudication. The assessee was given three effective opportunities for hearing.
What were the facts?
The assessee failed to appear in lower appellate proceedings due to communication gaps. The Revenue supported the additions made by the lower authorities.
What were the issues?
Whether the assessee was prevented by sufficient cause from appearing before the lower appellate authorities and if the case 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: SHRI SATBEER SINGH GODARA
IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: “SMC” NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER ITA No.4808/Del/2026 Assessment Year: 2012-13 Rambir Gaur, Vs. Income Tax Officer, C/o- CA Manish Lohia and Ward-2(5), Associates, B-458, 2nd Floor, Faridabad Nehru Ground, NIT, Faridabad PAN: AIWPG5788R (Appellant) (Respondent)
Assessee by Sh. Arvind Kumar, CA Department by Sh. Manoj Kumar, Sr. DR
Date of hearing 30.06.2026 Date of pronouncement 30.06.2026 ORDER
This assessee’s appeal for assessment year 2012-13, arises against the Commissioner of Income Tax (Appeals)/Addl./JCIT (A), Thane’s order dated 11.12.2024 having DIN and order no. ITBA/APL/S/250/2024-25/1071109586(1), involving proceedings under section 147 r.w.s. 144 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’). Heard both the parties. Case file perused.
ITA No.4808/Del/2026
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, larger interest of justice would be met, in case, the matter may be restored back to the Assessing Officer. The Revenue vehemently support the learned lower authorities’ action making addition(s) herein on merits. 3. Be that as it may, the fact remains that possibility of some communication gaps at various levels in such an instance could not be altogether ruled out. It is therefore deemed appropriate in the larger interest of justice to restore the assessee’s instant appeal back to the Assessing Officer for his afresh appropriate adjudication, within three effective opportunities of hearing at the appellant’s risk and responsibility, in consequential proceedings. Ordered accordingly. 4. This assessee’s appeal is allowed for statistical purposes. Order pronounced in the open court on 30th June, 2026 Sd/- (SATBEER SINGH GODARA) JUDICIAL MEMBER Dated: 21st July, 2026. RK/- Copy forwarded to: 1. Appellant 2 | P a g e
ITA No.4808/Del/2026
Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi
3 | P a g e
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