JATIN GROVER,GURGAON vs. ITO WARD 30(5), DELHI

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ITA 5034/DEL/2025Status: DisposedITAT Delhi04 December 2025AY 2018-193 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal acknowledged the possibility of communication gaps and, in the interest of justice, restored the appeal to the CIT(A) for fresh adjudication. The assessee was granted three effective opportunities of hearing.

What were the facts?

The assessee's appeal for AY 2018-19 was filed against an order under section 147 r.w.s. 144. The assessee's counsel argued that due to communication gaps, the assessee could not present all facts before the lower appellate authority.

What were the issues?

Whether the assessee was prevented from presenting their case effectively before the CIT(A) due to communication gaps, warranting a remand.

Which sections of the Income-tax Act were involved?

Section 147,Section 144

AI-generated summary — verify with the full judgment below

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

Before: SHRI SATBEER SINGH GODARA & SHRI MANISH AGARWAL

For Respondent: Ms. Amisha S. Gupta, CIT(DR)
Hearing: 04.12.2025Pronounced: 04.12.2025

Assessment Year: 2018-19 Sh. Jatin Grover, Vs. Income Tax Officer, Plot No. 924, Pace City-II, Ward-30(5), Sector-37, Gurgaon, Delhi Haryana PAN: AIXPG2111M (Appellant) (Respondent) Assessee by Sh. Rajeev Mogo, CA Department by Ms. Amisha S. Gupta, CIT(DR) Date of hearing 04.12.2025 Date of pronouncement 04.12.2025 ORDER

PER SATBEER SINGH GODARA, JM

1.

This assessee’s appeal for assessment year 2018-19, 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/250/2025-26/1077287823(1), dated 20.06.2025 involving proceedings under section 147 r.w.s. 144 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, larger interest of justice would be met, in case, the matter may be restored back to the CIT(A). The Revenue vehemently support the learned lower authorities action making 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 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) for his afresh appropriate adjudication, within three effective opportunities of hearing at the appellant’s risk and responsibility, in consequential proceedings. Ordered accordingly.

4.

This assessee’s appeal is allowed for statistical purposes. Order pronounced in the open court on 4th December, 2025

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