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Income Tax Appellate Tribunal, “PATNA BENCH, PATNA
Before: Shri Sanjay Garg & Dr. Manish Borad
order : July 22, 2024 आदेश / ORDER संजय गग�, �या�यक सद�य �वारा / Per Sanjay Garg, Judicial Member: The present appeal has been preferred by the assessee against the order dated 09.12.2022 of the National Faceless Appeal Centre [hereinafter referred to as ‘CIT(A)’] passed u/s 250 of the Income Tax Act (hereinafter referred to as the ‘Act’).
The assessee is aggrieved by the action of the CIT(A) in dismissing the appeal of the assessee in a mechanical manner without any discussion on merits.
In this case, earlier a scrutiny assessment order u/s 143(3) of the Act was passed on 31.08.2016. Thereafter, the ld. Principal Commissioner of Income Tax (in short, the ‘PCIT’) exercised his revision jurisdiction u/s 263 of the Act and set aside the assessment order for Assessment Year: 2014-15 Friends Automobile Engineers de novo assessment vide his order dated 29.03.2019. The concluding lines of the order of the ld. PCIT are reproduced as under:
I am of the considered view that the A.O had not made proper inquiries on correctness of various expenses, assessment order passed u/s 143(3) of the Act on 20.12.2016 is erroneous and prejudicial to the interest of revenue within the meaning of sec. 263 of the Act and accordingly the same is set aside with a direction to pass assessment order afresh after making proper inquiries, necessary verifications and investigation on the foregoing mentioned issue(s).
3.1 Thereafter, a fresh assessment order dated 13.11.2019 was passed by the Assessing Officer u/s 143(3) r.w.s 263 of the Act assessing the income of the assessee at Rs.1,35,74,600/- as against disclosed income in the Income Tax Return as Rs.97,61,550/-.
3.2 Being aggrieved by the said order of the Assessing Officer, the assessee preferred appeal before the CIT(A), however, the ld. CIT(A) dismissed the appeal of the assessee observing as under: