GOLDEN TRADERS,JOYA, AMROHA vs. INCOME TAX OFFICER, INCOME TAX OFFICE
What did the Tribunal hold?
The Tribunal acknowledged the possibility of communication gaps in the virtual hearing mechanism. It was deemed appropriate in the interest of justice to restore the appeal back to the CIT(A)/NFAC for fresh adjudication.
What were the facts?
The assessee's appeal for AY 2018-19 was filed against the CIT(A)/NFAC's order. The assessee's counsel submitted that due to communication gaps, the assessee could not present all relevant facts in the lower appellate proceedings.
What were the issues?
Whether the assessee was prevented from presenting all relevant facts before the lower appellate authority due to communication gaps, 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 2018-19, 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/250/2025-26/1083748770(1) dated 16.12.2025, involving proceedings under section 147 r.w.s. 254 r.w.s. 144B of the Income-tax Act, 1961; hereinafter referred to as ‘the Act’.
ITA No.2010/Del/2026 Heard both the parties. 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, the matter may be restored back to the CIT(A)/NFAC. The Revenue vehemently supports the learned lower authorities’ 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)/NFAC for his afresh appropriate adjudication, within three effective opportunities of hearing at the appellant’s risk and responsibility, in consequential proceedings. Ordered accordingly.
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ITA No.2010/Del/2026 4. This assessee’s appeal is allowed for statistical
purposes. Order pronounced in the open court on 22nd April, 2026 Sd/- (SATBEER SINGH GODARA) JUDICIAL MEMBER Dated: 28.04.2026 Pooja Mittal/- 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 147
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