LALIT KUMAR,NEW DELHI vs. ITO WARD-1, PANIPAT, PANIPAT, HARYANA
What did the Tribunal hold?
The Tribunal found that the assessee was genuinely unaware of the faceless assessment proceedings and notices. Therefore, in the interest of justice, the case was remanded back to the AO for fresh adjudication after providing the assessee an opportunity to be heard.
What were the facts?
The assessee's appeal was dismissed by the CIT(A) for non-prosecution. The assessee claimed they were unaware of the proceedings due to changes in faceless assessment schemes and lack of knowledge of online notices.
What were the issues?
Whether the dismissal of appeal for non-prosecution was justified when the assessee was unaware of the proceedings due to the new faceless assessment scheme.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI “G” BENCH: NEW DELHI
Before: SHRI ANUBHAV SHARMA & SHRI MANISH AGARWAL
This Appeal is filed by the assessee against the order of Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (‘the CIT(A) in short) passed u/s 250 of the Income Tax Act, 1961, in appeal No. NFAC/2014-15/10305074 dated 03.03.2025 for Assessment Year 2015-16.
At the outset, it is seen that the appeal of the assessee is dismissed by the Ld. CIT(A) for non-prosecution. Before us, the Ld. AR submitted that the Ld. CIT(A) has issued notices which were delivered to the registered email address of the appellant, and were also uploaded in the portal of the Department, however, the assessee was not aware of the proceedings nor such notices were brought to his knowledge by the Accountant of the assessee, therefore, the necessary compliance could not be made either before the AO or before the CIT(A). He thus 2 IT No.1626/Del/2025 Lalit Kumar vs.ITO prayed that the matter may be remand back to the file of the AO for fresh adjudication.
Per contra, the Ld. Sr. DR has not objected to the request of the assessee.
After considering the arguments, we find that in the instant case, the assessee was not aware of such drastic changes in faceless assessment schemes and was unware of all the activities like issue of notices through email and to respond such notices online, therefore, due compliance could not be made before the lower authorities. Under these circumstances, in the larger interest of justice, one more opportunity is given to the assessee and the matter is remitted back to the file of the AO with direction to decide the issue denovo afresh after providing reasonable opportunity of being heard to the assessee. The assessee is also directed to participate in the proceedings before the AO. With these directions, all the grounds of appeal of the assessee are partly allowed for statistical purposes.
Recent GST High Court judgments
Search GST case law →- M/S Utkal Suppliers,Ganjam vs. Assistant Commissioner Of CT And GST, Ganjam-I Circle,GanjamOrissa · 28 Oct 2026
- M/S Kotdwar Steel Limited vs. Office Of Hte Deputy CommissionerUttarakhand · 28 Oct 2026
- M/S Kotdwar Steel Limited vs. Office Of The Deputy CommissionerUttarakhand · 28 Oct 2026
- M/S Kotdwar Steel Limited vs. Office Of The Deputy CommissionerUttarakhand · 28 Oct 2026
- M/S Govindjee Dairy Milk Private Limited vs. Central Goods And Services TaxRajasthan · 27 Oct 2026