JWS Multi State Co-operative Housing Society vs The I.T.O

PER NAVEEN CHANDRA, ACCOUNTANT MEMBER:-

This appeal by the assessee is preferred against the order of the NFAC, Delhi dated 12.03.2025 pertaining to A.Y. 2016-17.

At the very outset, the ld. counsel for the assessee submitted that the ld. CIT(A) has decided the issues without providing adequate opportunity of being heard to the assessee to present its case. It is the say of the ld. counsel for the assessee that several additional evidences have been submitted before the ld. CIT(A) which were not admitted. He, therefore, prayed that since neither the Assessing Officer nor the ld. CIT(A) examined the evidences produced before the ld. CIT(A), the matter may be remitted back to the Assessing Officer for adjudication of the additional/fresh evidence with regard to the subject matter in the assessee instant appeal.

Per contra, the ld. DR relied upon the orders of the authorities below.

We have heard the rival submissions and have perused the relevant material on record. We find that the ld. CIT(A) has decided the issue without appreciation of facts and evidence brought on his record. The ld. CIT(A) has accorded primacy to the technicality of Rule 46A of the I.T. Rules and has ignored the principles of substantive justice. In view of the above facts and circumstances and in the interest of justice and fair play, we are of the considered view that the matter be restored back to the file of the Assessing Officer to examine the additional evidence and decide the issues afresh after allowing adequate opportunity of being heard to the assessee.

The assessee is also directed to provide necessary information /documents as required by the authorities and co-operate in adjudication of the issues at hand.

In the result, appeal of the assessee in ITA No. 3260/DEL/2025 is allowed for statistical purposes.

The order is pronounced in the open court on 19.11.2025.