AJAY MANGAL,DELHI vs. ITO WARD 17(1), DELHI
What did the Tribunal hold?
The Tribunal found that the impugned order did not clearly record the email addresses to which notices were sent and whether there was complete electronic delivery. Therefore, the assessee was not given an adequate opportunity to contest the additions on merits.
What were the facts?
The assessee appealed against an order of the NFAC. The assessee's primary contention was that additions were sustained without adequate opportunity to be heard. Notices were allegedly sent to email addresses provided by the assessee.
What were the issues?
Whether the assessee was provided with adequate opportunity of hearing before the additions were sustained. The validity of electronic service of notices by the 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
Before: SHRI S RIFAUR RAHMAN & SHRI ANUBHAV SHARMA
PER ANUBHAV SHARMA, JM:
This appeal is preferred by the assessee against the order dated 07.11.2025 of the Ld. National Faceless Appeal Centre, Delhi (hereinafter
P a g e | 2 ITA No.89/Del/2026 Ajay Mangal (AY: 2023-24) referred to as the First Appellate Authority or ‘the ld. FAA’ for short) in DIN & Order No : ITBA/NFAC/S/250/2025-26/1082386067(1) arising out of the order dated 22.03.2025 u/s 143(3) r.w.s 144B of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) passed by Assessment Unit, Income Tax Department for AY: 2023-24.
On hearing both sides we find that though assessee has raised ground on merits but in ground No. 2 assessee alleges that impugned additions were sustained without giving adequate opportunity to the assessee.
Ld. DR has pointed out that notices were issued by the NFAC, however, after going through the impugned order we find that notices were allegedly sent on email addresses provided by the assessee in appeal memo. Ld. AR has submitted that notices were received otherwise. The order does not record which email address the notices were actually sent and there was complete electronic delivery of same.
In light of aforesaid, considering the nature of factual aspects involved we consider it appropriate case to give assessee an opportunity to contest on
P a g e | 3 ITA No.89/Del/2026 Ajay Mangal (AY: 2023-24) merits. Accordingly, the appeal is allowed for statistical purposes and issue on merits as well as law, if any, are restored to the files of ld. CIT(A) to give fresh opportunity of hearing to the assessee and pass an order afresh.
Order pronounced in the open court on 22.05.2026
Sd/- Sd/- (Anubhav Sharma) (S Rifaur Rahman) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated 22.05.2026 Rohit, Sr. PS 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
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- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
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