CLOUD 9 PROJECTS PRIVATE LIMITED,MEERUT vs. DCIT, CIRCLE 4(2), DELHI
What did the Tribunal hold?
The Tribunal acknowledged the possibility of communication gaps in the virtual hearing mechanism. Therefore, in the interest of justice, the appeals were restored to the CIT(A)/NFAC for fresh adjudication.
What were the facts?
The assessee filed seven appeals before the ITAT concerning assessment years 2018-19 to 2020-21. 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 lower appellate proceedings were conducted fairly, considering potential communication gaps in the virtual hearing process.
Which sections of the Income-tax Act were involved?
Section 143(3),Section 271AAC(1),Section 271D,Section 147,Section 144,Section 270A,Section 271B
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: ‘E’ NEW DELHI
Before: SHRI SATBEER SINGH GODARA & SHRI M. BALAGANESH
IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘E’ NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI M. BALAGANESH, ACCOUNTANT MEMBER ITA Nos.2664 to 2670/Del/2026 Assessment Years: 2018-19, 2019-20, 2020-21 M/s. Cloud 9 Projects Pvt. Ltd., Vs. DCIT, C/o- M/s. Sharda Exports, Circle-4(2), Rithani Industrial Area, New Delhi Rithani, Delhi Road, Meerut PAN: AADCC5681P (Appellant) (Respondent) Assessee by Sh. Lalit Mohan, Adv. Department by Sh. Tarun Sharda, Sr. DR
Date of hearing 30.06.2026 Date of pronouncement 30.06.2026 ORDER PER SATBEER SINGH GODARA, JM These assessee’s seven appeals ITA Nos. 2664 to 2670/Del/2026 pertaining assessment years 2018-19, 2019-20, 2020-21 arise against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s orders, all dated 19.01.2026, having DINs and orders no. ITBA/NFAC/S/250/2025-26/1084913147(1),
ITA Nos.2664 to 2670/Del/2026
1084913715(1), 1084914099(1), 1084920014(1), 1084921242(1), 1084920578(1) & 1084916038; respectively. The appeals ITA Nos.2664 to 2666/Del/2026 for AY 2018-19 involve the proceedings u/s 143(3), 271AAC1 and 271D of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’); ITA Nos. 2667 to 2669/Del/2026 for AY 2019-20 involve the proceedings u/s 147 r.w.s. 144, 270A and 271B; and the appeal ITA No.2670/Del/2026 for AY 2020-21 involve the proceedings u/s 147 r.w.s. 144; respectively. Heard both the parties. Case files perused. 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 matters may 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. 3. 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
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ITA Nos.2664 to 2670/Del/2026
mechanism could not be altogether ruled out. It is therefore deemed appropriate in the larger interest of justice to restore the assessee’s all the seven appeals back to the CIT(A)/NFAC for their afresh appropriate adjudication, within three effective opportunities of hearing at the appellant’s risk and responsibility, in consequential proceedings. Ordered accordingly. 4. These assessee’s seven appeals ITA Nos.2664 to 2670/Del/2026 are allowed for statistical purposes. A copy of this common order be placed in the respective case files. Order pronounced in the open court on 30th June, 2026 Sd/- Sd/- (M. BALAGANESH) (SATBEER SINGH GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 30th June, 2026. RK/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi
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More judgments on Section 271AAC(1)
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