HORRAWAL KISAN SEWA SAHKARI SAMITI LTD.,DEHRADUN vs. INCOME TAX DEPARTMENT , DEHRADUN

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ITA 130/DDN/2024Status: DisposedITAT Dehradun23 April 2025AY 2018-19Bench: Sh. Satbeer Singh Godara, Judicial Member & Sh. M. Balaganesh (Accountant Member)2 pages
AI SummaryRemanded

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.

What were the facts?

The assessee could not appear before the lower appellate authority due to communication gaps. The lower appellate order also failed to frame points of determination and provide detailed adjudication.

What were the issues?

Whether the lower appellate proceedings were conducted fairly and whether the order complied with statutory requirements for adjudication.

Which sections of the Income-tax Act were involved?

Section 147,Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DEHRADUN BENCH, DEHRADUN

Before: Sh. Satbeer Singh Godara & Sh. M. Balaganesh

Hearing: 20.03.2025Pronounced: 23.04.2025

Asstt. Year : 2018-19 Horrawal Kisan Sewa Sahkari Vs Income Tax Officer, Samiti Ltd., Horawala FSS Ward-1(1)(1), Horawala, Post Horrawal, Dehradun-248001 Dehradun-248001 (APPELLANT) (RESPONDENT) PAN No. AAGFH4362L Assessee by: Sh. Sushil Kumar, Adv. Revenue by: Sh. A. S. Rana, Sr. DR Date of Hearing: 20.03.2025 Date of Pronouncement: 23.04.2025 ORDER Per Satbeer Singh Godara, Judicial Member:

This assessee’s appeal for Assessment Year 2018-19, arises against the CIT(A)/NFAC, Delhi’s DIN & order No. ITBA/NFAC/S/250/2024-25/1065449982(1) dated 06.06.2024, in proceedings u/s 147 of the Income Tax Act, 1961 (in short “the Act”).

2.

Heard both the parties at length. Case file perused.

3.

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

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. This is indeed coupled with the facts that there is also no 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 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.

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