RAJ MOHINI JAIN,GURUGRAM vs. INCOME TAX OFFICER, GURUGRAM
What did the Tribunal hold?
The Tribunal acknowledged the possibility of communication gaps with the new virtual hearing mechanism. It was deemed appropriate to restore the appeal to the CIT(A) for fresh adjudication.
What were the facts?
The assessee failed to appear and present all relevant facts during the lower appellate proceedings due to communication gaps. The Revenue supported the additions made by the lower authority.
What were the issues?
Whether the assessee was prevented from presenting their case effectively due to communication issues in the lower appellate proceedings, warranting a remand.
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
This assessee’s appeal for assessment year 2016-17, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre, [in short, the “Ld. CIT(A)/NFAC”], Delhi’s order dated 16.10.2025 having DIN & Order No.- ITBA/NFAC/S/250/2025-26/1081805103(1), involving proceedings under section 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
Heard both the parties. Case file perused.
ITA No.- 8412/Del/2025 Raj Mohini Jain 2. 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, the matter may be restored back to the CIT(A). 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 restore the assessee’s instant appeal back to the CIT(A) 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 09th July, 2026
Sd/- (SATBEER SINGH GODARA) JUDICIAL MEMBER
Dated: 17th July, 2026. Pooja. 2
ITA No.- 8412/Del/2025 Raj Mohini Jain
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