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Delay Condoned ≠ Merits Heard: ITAT Mumbai Remands Faceless Appeal for Fresh Adjudication
Case Law Details
- Case Name
- Goldman Tapes Private Limited Vs ITO (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2018-19
- Courts
- All ITAT, ITAT Mumbai
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Goldman Tapes Private Limited Vs ITO (ITAT Mumbai)
Delay Condoned ≠ Merits Heard: ITAT Mumbai Remands Faceless Appeal for Fresh Adjudication
Mumbai ITAT (Bench ‘G’) held that once an appeal is admitted after condonation of delay, the assessee must be given a clear and effective opportunity to argue on merits. The Tribunal noted that in the faceless regime, the assessee had made submissions only on condonation of delay, under a bona fide belief that arguments on merits would be invited thereafter. However, the NFAC proceeded to decide the appeal on merits without granting...





