AKRAM ANSARI,HARIDWAR vs. ITO, WARD1 (3)(2),HARIDWAR, HARIDWAR
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeal. Considering the possibility of communication gaps in the virtual hearing mechanism, the matter was restored back to the CIT(A)/NFAC for fresh adjudication.
What were the facts?
The assessee filed an appeal with a significant delay of 846 days. The assessee's counsel argued that communication gaps prevented them from presenting all relevant facts before the lower appellate authority.
What were the issues?
Whether the appeal should be admitted despite a significant delay, and whether the case should be remanded for fresh adjudication due to alleged communication gaps.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DEHRADUN BENCH “DB”, DEHRADUN
Before: SHRI SATBEER SINGH GODARA & SHRI MANISH AGARWAL
PER SATBEER SINGH GODARA, JM: This assessee’s appeal for assessment year 2017-18, 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/250/2023-24/1055805920(1), dated 06.09.2023 involving proceedings under section 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
ITA No.146/DDN/2026
Heard both the parties. Case file perused. 2 For the reasons stated in the assessee’s condonation averments, delay of 846 days in filing of the instant appeal is condoned in light of Collector, Land & Acquisition vs. Mst. Katiji & Others (1987) 167 ITR 471 (SC). 3. 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 authority’s action making the addition(s) herein on merits. 4. 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 her afresh appropriate adjudication, within three effective opportunities of hearing at the
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ITA No.146/DDN/2026
appellant’s risk and responsibility, in consequential proceedings. Ordered accordingly. 5. This assessee’s appeal is allowed for statistical purposes. Order pronounced in the open court on 3rd June, 2026 Sd/- Sd/- (MANISH AGARWAL) (SATBEER SINGH GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 3rd 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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