WWH INDIA PRIIVATE LIMITED,DELHI vs. WARD 30(1), DELHI
What did the Tribunal hold?
The Tribunal found it justified to give the assessee an opportunity to contest the issue on merits. The case was restored to the CIT(A) for a fresh hearing and a new order.
What were the facts?
The assessee failed to appear before the CIT(A) due to internal partner disputes. The assessee's counsel stated that a director has now taken responsibility and is pursuing the appeal.
What were the issues?
Whether the assessee should be granted an opportunity to contest the appeal on merits after failing to appear before the lower appellate authority.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, DELHI
PER ANUBHAV SHARMA, JM:
This appeal preferred by the assessee against the order dated 01.08.2025 of Ld. National Faceless Appeal Centre (NFAC) Delhi, (hereinafter referred to as the First Appellate Authority or ‘the ld. FAA’ for short) in DIN & Order No : ITBA/NFAC/S/250/2025-
P a g e | 2 ITA No.6830/Del/2025 WWH India Pvt. Ltd. (AY: 2022-23) 26/1079188467(1)arising out of the assessment order dated 23.03.2024 u/s 143(3) r.w.s 144B the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) passed by NFAC, Delhi,for AY: 2022-23.
On hearing both the sides we find that the assesse had failed to appear before ld. CIT(A) and contest the issue and the reason cited by the assesse counsel is that there was a dispute between partners due to which assesse could not appear and now one of the directors has taken responsibly and is prosecuting the appeal.
In the light of aforesaid we consider it justified to give assessee an opportunity to contest on merits. The issue on merits as well as law are restored to the files of ld. CIT(A) to give fresh opportunity of hearing to the assesse and pass order afresh. The appeal is allowed for statistical purposes.
Order pronounced in the open court on 21.05.2026
Sd/- Sd/- (Manish Agarwal) (Anubhav Sharma) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated 27.05.2026 Rohit, Sr. PS
P a g e | 3 ITA No.6830/Del/2025 WWH India Pvt. Ltd. (AY: 2022-23) Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI
More judgments on Section 144B
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Mohammed Javed Bhati, Sikar vs Income Tax Officer, Ward 1, SikarITA 994/JPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Haresh Sharma, Ahmedabad vs ITO, Ward 5(3)(1), AhmedabadITA 2125/AHD/2026[2019-2020]Status: Disposed21 Oct 2026AY 2019-2020
- Haresh Sharma, Ahmedabad vs ITO, Ward 5(3)(1), AhmedabadITA 2124/AHD/2026[2019-20]Status: Disposed21 Oct 2026AY 2019-20
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
Recent GST High Court judgments
Search GST case law →- Ritu Gautam Proprietor Of Ms Heritage International vs. Additional Commissioner Central Goods And Services Tax Appeals Ii Delhi & Anr.Delhi · 27 Oct 2026
- Sutha vs. The State Tax Officer(Inspection-3)Madras · 27 Oct 2026
- M/S.Sri Satya Sai Constructions vs. The State Of Andhra PradeshAndhra Pradesh · 27 Oct 2026
- Anisha Busa vs. Sibar Institute Of Dental SciencesAndhra Pradesh · 27 Oct 2026
- M/S.Sri Satya Sai Constructions vs. The State Of Andhra PradeshAndhra Pradesh · 27 Oct 2026