SHEEL BIOTECH LIMITED,DELHI vs. ACIT, CIRCLE-23(1), DELHI
What did the Tribunal hold?
The Tribunal found that the first appellate authority did not decide the issues on merits. Therefore, the appeal was allowed for statistical purposes.
What were the facts?
The assessee appealed against an order of the Ld. FAA which dismissed their appeal. The NFAC's observations indicated a lack of clarity on the mode of service of notice and no determination of issues on merits by the first appellate authority.
What were the issues?
Whether the first appellate authority properly determined the issues on merits and whether proper notice was served on the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “G” BENCH, DELHI
Before: SHRI ANUBHAV SHARMA&
P a g e | 1 ITA No.8432/Del/2025 M/s Sheel Biotech ltd. (AY: 2010-11) IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, DELHI BEFORE SHRI ANUBHAV SHARMA, JUDICIAL MEMBER & SHRI AMITABH SHUKLA, ACCOUNTANT MEMBER ITA No.8432/Del/2025 (Assessment Year: 2010-11) M/s Sheel Biotech Ltd. Vs. ACIT, Circle-23(1) Rz- 2705/30, Sheel House, Delhi Main Jagdamba Road, Tuglakabad Extension, Delhi – 110019 �थायीलेखासं./जीआइआरसं./PAN/GIR No: AAACS1773R Appellant .. Respondent Appellant by : Sh. Mayank Patawari, Adv. Ms. Karishma Rathore, Adv. Respondent by : Sh. Manish Gupta, Sr. DR Date of Hearing 02.04.2026 Date of Pronouncement 02.04.2026 O R D E R PER ANUBHAV SHARMA, JM:
This appeal preferred by the assessee against the order dated
28.05.2025 of Ld. Addl/JCIT(A) Bhubaneswar, (hereinafter referred to as the
First Appellate Authority or ‘the ld. FAA’ for short) in DIN & Order No :
ITBA/APL/S/250/2025-26/1082964743(1)arising out of the assessment order
dated 27.12.2017 u/s 143(3)r.w.s 147 the Income Tax Act, 1961 (hereinafter
P a g e | 2 ITA No.8432/Del/2025 M/s Sheel Biotech ltd. (AY: 2010-11) referred to as ‘the Act’) passed by ACIT, Circle-23(1), New Delhi,for AY:
2010-11.
On hearing both sides we find that NFAC has dismissed the appeal of
the assessee by following observations: (para 5 & ^ a to A CIT)
The aforesaid reproduction of the observation of the NFAC established
that at one hand there is no mention of the mode of service and a satisfaction
for notice of hearing was served on the assessee, at the same time.there is no
determination of issue on merits as first appellate authority.
Consequently, we allow the appeal of the assessee for statistical
purposes and restore the issue on merits as well as law to the files of ld.
CIT(A) to give fresh opportunity of hearing to the assessee and pass order
afresh.
Order pronounced in the open court on 02.04.2026
Sd/- Sd/- (Amitabh Shukla) (Anubhav Sharma) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated 12.05.2026 Rohit, Sr. PS
P a g e | 3 ITA No.8432/Del/2025 M/s Sheel Biotech ltd. (AY: 2010-11) Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
Recent GST High Court judgments
Search GST case law →- Ganesh Trimbak Saraf And Another vs. The State Of Maharashtra And AnotherBombay · 26 Oct 2026
- M/S. Vajram Infra Material Industries vs. The State Of Andhra PradeshAndhra Pradesh · 26 Oct 2026
- Tyre Center vs. The Superintendent Of CGSTAndhra Pradesh · 26 Oct 2026
- M/S Monolith Resorts Private Limited vs. The CommissionerUttarakhand · 26 Oct 2026
- Sutlej Textiles And Industries Limited vs. Union Of INDIARajasthan · 26 Oct 2026