AJAY PAL SINGH,ETAH vs. INCOME TAX OFFICER, ETAH
What did the Tribunal hold?
The Tribunal noted the possibility of communication gaps, especially with the new virtual hearing mechanism. In the interest of justice, the matter was set aside to the CIT(A)/NFAC for fresh adjudication.
What were the facts?
The assessee's appeal for AY 2017-18 was filed against an order under section 144. The assessee did not appear before the tribunal, and the case proceeded ex parte. The Department's representative supported the additions made by lower authorities.
What were the issues?
Whether the assessee was provided adequate opportunities to present their case, considering potential communication gaps in virtual proceedings.
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/250/2024-25/1065553851(1) dated 11.06.2024, 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, proceeded ex parte against him.
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.
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