RELY ON PHARMACEUTICALS,PUNE vs. THE INCOME TAX OFFICER, WARD-8(3), PUNE

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ITA 740/PUN/2023Status: DisposedITAT Pune04 August 2023AY 2015-164 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the NFAC's dismissal was not in accordance with Section 250(6) of the Act, which requires a speaking order. Therefore, the matter was remanded for de novo adjudication.

What were the facts?

The assessee's appeal before the NFAC was dismissed ex-parte without dealing with the merits of the case. The assessee claimed that due to COVID-19, they failed to furnish evidence and sought one more opportunity.

What were the issues?

Whether the NFAC was justified in dismissing the appeal ex-parte without considering the merits, and if the dismissal complied with the procedural requirements of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 144,Section 250,Section 251,Section 246A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE “B” BENCH, PUNE

Before: HON’BLE SHRI S. S. VISWANETHRA RAVI & SHRI G. D. PADMAHSHALI

For Appellant: Shri Suhas Bora
Pronounced: 04/08/2023

ORDER PER G. D . PADMAHSHALI; This appeal is filed by the assessee against the order of National Faceless Appeal Centre, Delhi [for short ‘NFAC’] DIN & Order ITBA/NFAC/S/250/2023-24/1053368826(1) dt. 31/05/2023 passed u/s 250 of the Income-tax Act, 1961 [for short ‘the Act’].

1.

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2.

At the outset of hearing, the Ld. AR inviting our attention to the impugned order of Ld. FAA has submitted that, aggrieved by the best judgment order of the Ld. AO dt. 08/12/2017 passed u/s 144 of the Act, the appellant assessee had filed an appeal before the Ld. NFAC on 15/01/2018, however the reasons behind its control, the assessee failed to furnish any evidence in support of its claim. For the reasons the Ld. NFAC without dealing case on merits has dismissed the appeal ex-parte. The appellant however for fair justice seeks one more opportunity by undertaking to adduce necessary evidences in support of its claim and to co-operate in remand proceedings before the Ld. NFAC. Per contra the Ld. Senior DR solidifying the facts, has contended that under faceless regime the appellant did neither respond to any of the notices served to it nor had brought on record a proof of having adduced any material in support of its claim, consequently the Ld. NFAC had no choice but to confirm the findings of Ld. AO in the absence of deprecative material on record.

ITAT-Pune Page 2 of 4 Rely on Pharmaceuticals

3.

After hearing rival contentions, perused the material placed on record in light of Rule 18 of ITAT-Rules 1963 and we find that due to COVID-19 coupled with other consequential reasons the appellant assessee failed to comply with the notices and adduce evidential documents before the first appellate authority below, which resulted into ex-parte proceedings without effective determination of rights and liabilities of either party on merits.

4.

We also note that, in the light of restriction placed by clause (a) of sub-section (1) of section 251, the Ld. NFAC without remanding the ex-parte assessment has dismissed the appeal of the appellant assessee de-facto. However said dismissal in our view is suffered from the provisions of sub-section (6) of section 250 of the Act, which mandates the Ld. first appellate authority to state the points for its determination, the decision thereon and the reason for such decision while disposing of the appeal instituted before it u/s 246A of the Act.

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5.

For the reason we see force in the request of the appellant to remand the matter back to the file of first appellate authority to deal with aforestated deficiency and to pass a speaking order on merits. Since the rights and liabilities in the extent appeal have not been effectively dealt with on merits, in all the fairness, without commenting on its merits we deem it fit to remand the case back to the file of the Ld. NFAC for de- novo adjudication in the light of section 250(6) of the Act, ergo we order accordingly.

5. In result, the appeal is ALLOWED FOR STATISTICAL PURPOSE. In terms of rule 34 of ITAT Rules, the order pronounced in the open court on this Friday 04th day of August, 2023.

-S/d- -S/d- S. S. VISWANETHRA RAVI G. D. PADMAHSHALI JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / PUNE ; दिन ांक / Dated : 04th day of August, 2023. आदेश की प्रधिधलधप अग्रेधिि / Copy of the Order forwarded to :

1. 1. अपील र्थी / The Appellant. 2. प्रत्यर्थी / The Respondent.

3. The CIT(A)-NFAC, Delhi (India) 4. The CIT -1, Pune (MH-India) 5. DR, ITAT, Bench ‘B’, Pune 6. ग र्डफ़ इल / Guard File. आिेश नुस र / By Order, वररष्ठ दनजी सदिव / Sr. Private Secretary आयकर अपीलीय न्य य दिकरण, पुणे / ITAT, Pune.

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