SWADESHI ALUMINIUM COMPANY PVT LTD,NEW DELHI vs. INCOME TAX OFFICER, NEW DELHI
What did the Tribunal hold?
The Tribunal acknowledged the possibility of communication gaps and decided to restore the appeal to the CIT(A)/NFAC. The assessee will be given three effective opportunities for hearing to present their case.
What were the facts?
The assessee's appeal for AY 2019-20 was filed against an order by the CIT(A)/NFAC. The assessee claimed that due to communication gaps, they could not present all relevant facts in the lower appellate proceedings.
What were the issues?
Whether the assessee was prevented from presenting their case properly before the lower appellate authority due to communication gaps, and if so, whether 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: SHRI SATBEER SINGH GODARA
IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: “SMC” NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER ITA No.4929/Del/2026 Assessment Year: 2019-20 Swadeshi Aluminium Vs. Income Tax Officer, Company Pvt. Ltd., Circle-22(2), 2869/5, Chuna Mandi, Delhi Paharganj, New Delhi PAN: AAFCS6624L (Appellant) (Respondent) Assessee by Sh. Kapil Gautam, Adv. Department by Sh. Manoj Kumar, Sr. DR
Date of hearing 03.06.2026 Date of pronouncement 03.06.2026 ORDER This assessee’s appeal for assessment year 2019-20, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN and order no. ITBA/NFAC/S/250/2025-26/1086276065(1), dated 20.02.2026 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. 2. Learned counsel submits that on account of communication gaps at various levels, the assessee could not appear to plead and
ITA No.4929/Del/2026
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 CIT(A)/NFAC. 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 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. 4. This assessee’s appeal is allowed for statistical purposes Order pronounced in the open court on 3rd June, 2026 Sd/- (SATBEER SINGH GODARA) JUDICIAL MEMBER Dated: 8th July, 2026. RK/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi 2 | P a g e
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