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Judgment
Per Satbeer Singh Godara, Judicial Member:
These assessee’s four appeals in IT A Nos. 5700 to 5703/Del/2025 for Assessment Years 2012-13 to 2015-16, arise against the CIT(A)/NFAC, Delhi’s DIN & order Nos. ITBA/NFAC/S/250/2024-25/1066815884(1), 1066806046(1), 1066806876(1) & 1066807895(1) dated 18.07.2024, in proceedings u/s 147 of the Inco me Tax Act, 1961 (in short “the Act”), respectively.
Heard both the parties at length. Case files perused.
Delay of 350 days in filing of all the appeals are condoned in the larger interest of justice in light of Collector Land Acquisition vs. Mst. Katiji & Ors (1987) 167 ITR 4 71 (SC).
Learned counsel submits that on account of communication gaps at vario us levels, the assessee could not appear to plead and prove all the relevant facts in the lower appellate proceedings and there fore, in the larger interest of justice met in case, the matter be restored back to the CIT(A)/NFAC.
Be that as it may, the fact remains that possibility of some communicatio n gaps at various levels in such an instance of the newly introduced virtual hearing mechanism could not be altogether ruled out. T his is indeed coupled with the facts that there is also no effective compliance to section 250(6) of the Act in the impugned lower appellate order stipulating points of deter mination to be framed followed by a detaile d adjudication there upon. It is there fore dee med appropriate in the larger interest of justice to set aside the assessee’s all the appeals back to the CIT(A)/NFAC for his afresh appropriate adjudication, within three effective o pportunities of he aring at the appe llant’s risk and responsibility, in consequential proceedings. Ordered accor dingly.
These assessee’s four appeals ITA Nos. 5700 to 5703/Del/2025 are allowed for statistical purposes. A co py of this common order be placed in the respective case files. Order Pronounced in the Open Court on 10/03/202 6.