PREM LATA SINGH,GADIYAGAON JHANSI vs. INCOME TAX OFFICER, JHANSI
What did the Tribunal hold?
The Tribunal set aside the order of the CIT(A)-NFAC and restored the matter back for fresh adjudication. The assessee was granted three effective opportunities of hearing at her risk and responsibility.
What were the facts?
The assessee failed to appear before the lower appellate authority, leading to ex parte proceedings. The Department's representative supported the additions made by the lower authorities. The Tribunal noted potential communication gaps due to the new virtual hearing mechanism.
What were the issues?
Whether the assessee was provided adequate opportunity to present her case, considering the introduction of virtual hearings and potential communication gaps.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, AGRA BENCH, AGRA
Before: SHRI SATBEER SINGH GODARA & SHRI MANOJ KUMAR AGGARWAL
ORDER
Per Satbeer Singh Godara, Judicial Member:
This assessee’s appeal for assessment year 2017-18, 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/250/2023-24/1057950083(1) dated 15.11.2023, involving proceedings under section 144 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
Case called twice. None appears at the assessee’s behest. We, accordingly, proceed ex parte against her.
Learned Sr. DR, Shri Shrivastava submits that the assessee has been non-cooperative all along. He vehemently supports the learned lower authorities’ action in making the addition(s). It emerges from the case records that on account of communication gaps at various levels, the assessee could not appear to plead and prove all the relevant facts in lower appellate proceedings and therefore, in the larger interest of justice, the matter may be restored back to the CIT(A)/NFAC.
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. It is, therefore, deemed appropriate in the larger interest of justice to set aside the assessee’s instant appeals 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.
This assessee’s appeal is allowed for statistical purposes.
Order pronounced in the open court on 17.02.2025.
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