ANIL SINGHAL,GWALIOR vs. INCOME TAX OFFICER-2 (2), GWALIOR
What did the Tribunal hold?
The Tribunal acknowledged the possibility of communication gaps in the virtual hearing mechanism. It set aside the appeal to the CIT(A)/NFAC for fresh adjudication.
What were the facts?
The assessee failed to appear before the lower appellate authority due to alleged communication gaps. The Revenue supported the lower authority's decision to make additions on merits.
What were the issues?
Whether the assessee was prevented by sufficient cause from appearing before the lower appellate authority and if the matter should be restored for fresh adjudication.
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 2010-11 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/250/2023-24/1061712509(1) dated29.02.2024, involving proceedings under section 144 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
Heard both the parties at length. Case file perused.
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 lower appellate proceedings and therefore, in the larger interest of justice, the matter be restored back to the CIT(A)/NFAC. The Revenue vehemently supports the learned lower authority’s action making the addition(s) herein on merits.
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 appeal 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 13TH February, 2025.
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