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Facts
The assessee's appeal for Assessment Year 2020-21 arises from an order under Section 147 of the Income Tax Act. The assessee claimed that due to communication gaps and issues with the virtual hearing mechanism, they could not effectively present their case. Additionally, there was a lack of effective compliance with Section 250(6) of the Act in the lower appellate order.
Held
The Tribunal acknowledged the possibility of communication gaps and non-compliance with statutory provisions. Considering the larger interest of justice, the Tribunal decided to set aside the appeal and restore it to the CIT(A)/NFAC for fresh adjudication.
Key Issues
Whether the assessee was prevented from presenting their case effectively due to communication gaps and procedural lapses, warranting a restoration of the appeal.
Sections Cited
147, 250(6)
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Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
ORDER This assessee’s appeal for Assessment Year 2020-21 arises against the CIT(A)/NFAC, Delhi’s DIN & order No. ITBA/NFAC/S/250/2025-26/1082974326(1) dated 25.11.2025, in proceedings u/s 147 of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties at length. Case file perused.
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, in the larger interest of justice met in case, the matter be restored back to the CIT(A)/NFAC.
Amit Bajaj HUF 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. This is indeed coupled with the facts that there is also no effective compliance to section 250(6) of the Act in the impugned lower appellate order stipulating points of determination to be framed followed by a detailed adjudication thereupon. It is therefore deemed appropriate in the larger interest of justice to set aside the assessee’s instant appeal back to the CIT(A)/NFAC for his afresh appropriate adjudication, within three effective opportunities of hearing at the appellant’s risk and responsibility, in consequential proceedings. Ordered accordingly.