KAMAL TANEJA,NEW DELHI vs. DCIT, CENTRAL CIRCLE-25, DELHI

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ITA 892/DEL/2025Status: DisposedITAT Delhi07 January 2026AY 2016-17Bench: Sh. Satbeer Singh Godara, Judicial Member & Sh. Amitabh Shukla (Accountant Member)1 pages
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What did the Tribunal hold?

The Tribunal noted the possibility of communication gaps and also a lack of effective compliance with Section 250(6) of the Act in the lower appellate order. Therefore, in the interest of justice, the matters were set aside to the CIT(A) for fresh adjudication.

What were the facts?

The assessee's twin appeals for AY 2016-17 and 2017-18 arose against the CIT(A)'s order. The learned counsel for the assessee submitted that due to communication gaps, the assessee could not appear and present relevant facts in the lower appellate proceedings.

What were the issues?

Whether the appeals should be restored to the CIT(A) for fresh adjudication due to communication gaps and procedural irregularities.

Which sections of the Income-tax Act were involved?

Section 153C,Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘E’, NEW DELHI

Before: Sh. Satbeer Singh Godara&

For Respondent: Ms. Amish S. Gupt, CIT-DR
Hearing: 07.01.2026Pronounced: 07.01.2026

Heard together (2 matters)

ITA No. 892/Del/2025
ITA No. 893/Del/2025

Read from the judgment's own cause title. This page is filed under one of them.

ORDER

Per Satbeer Singh Godara, Judicial Member:

1.

These assessee’s twin appeals & 893/Del/2025 for Assessment Years 2016-17 and 2017-18, arise against the CIT(A)-29, New Delhi’s order dated 23.12.2024 in case Nos. CIT(A), Delhi-29/11055/2015-16 and CIT(A), Delhi- 29/10683/2016-17, in proceedings u/s 153C of the Income Tax Act, 1961 (in short “the Act”), respectively.

2.

Heard both the parties at length. Case files perused.

3.

Learned counsel submits that on account of communication gaps at various levels, the assessee could not appear to plead

Kamal Taneja 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).

4.

Be that as it may, the fact remains that possibility of some communication gaps at various levels in such an instance 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 both the appeals back to the CIT(A) for his afresh appropriate adjudication, within three effective opportunities of hearing at the appellant’s risk and responsibility, in consequential proceedings. Ordered accordingly.

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