TAPANDEEP SINGH,DEHRADUN vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 1(1)(1), DEHRADUN
What did the Tribunal hold?
The Tribunal set aside the CIT(A)'s order and remanded the case back for fresh adjudication. The assessee was directed to file any fresh evidence under Rule 46A, and the CIT(A) was to call for a remand report.
What were the facts?
The assessee's appeal against the CIT(A)'s order was heard. The assessee had not complied with hearing notices from the CIT(A) and attempted to introduce new evidence with Form 35 without a Rule 46A application, which was not admitted.
What were the issues?
The key legal issue was the lack of opportunity for the assessee to present facts and evidence before the CIT(A), including new evidence not admitted due to non-compliance with Rule 46A.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “DB”NEW DELHI
Before: SHRI YOGESH KUMAR US & SHRI SANJAY AWASTHI
आदेश /O R D E R PER SANJAY AWASTHI, ACCOUNTANT MEMBER:
The present appeal emanates from order dated 17.09.2025, passed u/s 250 of the Income Tax Act, 1961 (hereafter referred to as “the Act”), by Ld. CIT(A), NFAC, Delhi. On the last date of hearing an adjournmentapplication was filed on behalf of the assessee, but it was decided to proceed ahead with the adjudication with the help of Ld. DR. 1.1 In this case, the Ld. DR pointed out that the assessee had not made any compliance to hearing notices issued by the Ld. CIT(A), and hence there was no opportunity for any appraisal of facts at first appellate level. It was also pointed out that the assessee had, apparently, enclosed some new evidence with Form 35, which was TAPANDEEP SINGH not admitted for adjudication by the Ld. CIT(A), since the same were not accompanied by any application under Rule 46A of the I.T. Rules. The Ld. DR was, otherwise, agreeable to remanding back of this case.
We have gone through the facts of this case and perused the documents before us. It is clear that the assessee could not make any presentation of facts before the Ld. CIT(A) and his attempt to present new evidence also could not succeed. Thus, in the interests of justice, we set aside the impugned order and remand this matter back to the file of Ld. CIT(A), for fresh adjudication. The assessee is expected to file any fresh evidence under Rule 46A and the Ld. CIT(A) would call for a remand report.
In the result, this appeal is partly allowed for statistical purposes.
Order pronounced in the open court on 11.02.2026
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