BEZA ENERGY PRIVATE LIMITED,NEW DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 52(1), NEW DELHI
What did the Tribunal hold?
The Tribunal acknowledged the possibility of communication gaps due to the new virtual hearing mechanism. It was deemed appropriate to restore the appeals to the CIT(A)/NFAC for fresh adjudication.
What were the facts?
The assessee's appeals arose from CIT(A)/NFAC orders for AY 2022-23. The assessee claimed communication gaps prevented them from presenting their case effectively in the lower appellate proceedings.
What were the issues?
Whether the assessee was prevented from presenting their case due to communication gaps in the virtual hearing process, warranting a remand.
Which sections of the Income-tax Act were involved?
Section 144,Section 270A,Section 271AAC1,Section 271B,Section 272A(1)(d)
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.2651 to 2655/Del/2026 Assessment Year: 2022-23 M/s. BEZA ENERGY PVT. LTD., Vs. DCIT, Cabin No. 01, H-7, Circle-52(1), Lajpat Nagar III, Delhi Lower Ground Floor, Delhi-110024 PAN: AAICB3158P (Appellant) (Respondent) Assessee by Sh. Gaurav Jain, Adv. Sh. Tarun Chanana, 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 five appeals ITA Nos.2651 to 2655/Del/2026 pertaining to assessment year 2022-23 arise against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s, all dated 19.01.2026, having DINs and orders no. ITBA/NFAC/S/250/2025- 26/1084924456(1), 1084925024(1), 1084925510(1),
ITA Nos.2651 to 2655/Del/2026
1084926005(1) and 1084925779(1), involving proceedings under sections 144, 270A, 271AAC1, 271B and 272A(1)(d) 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 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 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 five appeals back to the CIT(A)/NFAC for their afresh appropriate adjudication, within three effective opportunities of
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ITA Nos.2651 to 2655/Del/2026
hearing at the appellant’s risk and responsibility, in consequential proceedings. Ordered accordingly. 4. These assessee’s five appeals ITA Nos. 2651 to 2655/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: 2nd July, 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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