SHRI SANJAY KUMAR,ROHTAK vs. ACIT, CENTRAL CIRLCE-1, GURGOAN
Income Tax Appellate Tribunal, DELHI BENCH ‘E’, NEW DELHI
Before: Sh. Satbeer Singh Godara & Sh. Manish Agarwal
Per Satbeer Singh Godara, Judicial Member:
These assessee’s four appeals in ITA Nos. 5029 to 5032/Del/2025 for Assessment Years 2018-19 to 2021-22, arise against the CIT(A)-3, Gurgaon’s common order dated
27.09.2024
in case
Nos.
11268,
11544,
11942,
10832,
11059/CIT(A)-3/GGN/2014-15 to 2018-19, in proceedings u/s 153C of the Income Tax Act, 1961 (in short “the Act”), respectively.
Heard both the parties at length. Case files perused.
ITA Nos. 5029 to 5032/Del/2025
Sanjay Kumar
2
3. Delay of 262 days in filing of all these appeals are condoned in the larger interest of justice in light of Collector
Land Acquisition vs. Mst. Katiji & Ors (1987) 167 ITR 471 (SC).
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).
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 all 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.
ITA Nos. 5029 to 5032/Del/2025
Sanjay Kumar
3
6. These assessee’s four appeals
ITA
Nos.
5029
to 5032/Del/2025 are allowed for statistical purposes. A copy of this common order be placed in the respective case files.
Order Pronounced in the Open Court on 03/12/2025. (Manish Agarwal) (Satbeer Singh Godara)
Accountant Member Judicial Member
Dated: 03/12/2025
*Subodh Kumar, Sr. PS*