MANOJ SHIVHARE,SHIVPURI vs. ITO, SHIVPURI

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ITA 59/AGR/2023Status: DisposedITAT Agra11 February 2025AY 2017-18Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI MANOJ KUMAR AGGARWAL (Accountant Member)1 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal acknowledged the possibility of communication gaps due to the newly introduced virtual hearing mechanism. Therefore, in the interest of justice, the appeal was set aside and restored to the CIT(A)-NFAC for fresh adjudication.

What were the facts?

The assessee's appeal for AY 2017-18 arises against an order of the CIT(A)-NFAC, involving proceedings under section 143(3) of the Income-tax Act. The assessee's counsel submitted that due to communication gaps, the assessee could not appear to present their case.

What were the issues?

Whether the assessee was prevented by sufficient cause from appearing before the lower appellate authority due to communication gaps in virtual hearings.

Which sections of the Income-tax Act were involved?

Section 143(3)

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

Hearing: 11.02.2025Pronounced: 11.02.2025

ORDER

Per Satbeer Singh Godara, Judicial Member:

1.

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/250/2022-23/1045019818 (1) dated 29.08.2022, involving proceedings under section 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).

Heard both the parties. Case file perused. 3. Learned counsel submits at the outset 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.

4.

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.

5.

Delay of 231 days in filing of appeal stands condoned.

6.

This assessee’s appeal is allowed for statistical purposes. Order pronounced in the open court on 11TH February, 2025.

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