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Facts
The assessee's appeal for AY 2022-23 arises from an order by the CIT(A) concerning an assessment framed by the AO under Section 143(3). The assessee's primary grievance is the denial of deduction under Section 80PA.
Held
The Tribunal restored the appeal back to the CIT(A) for de novo adjudication on merits, granting the assessee another opportunity to substantiate its case, keeping in mind the principles of natural justice.
Key Issues
Whether the assessee should be granted another opportunity to present its case before the CIT(A) for substantiating its claim for deduction.
Sections Cited
143(3), 80PA
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH, CHENNAI
Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI MANU KUMAR GIRI, JM
O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2022-23 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 03-10-2024 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s.143(3) of the Act on 27-03-2024. The sole grievance of the assessee is denial of deduction u/s. 80PA. The assessee has failed to appear during first appeal. The Ld. AR has pleaded for another opportunity of hearing which has been opposed by Ld. Sr. DR.
Keeping in mind the principles of natural justice, we deem it fit to provide another opportunity to the assessee to substantiate its case before Ld. CIT(A). Accepting the prayer of Ld. AR, the appeal is restored back to Ld. CIT(A) for denovo adjudication on merits with a direction to the assessee to substantiate its case.
The appeal stand allowed for statistical purposes. Order pronounced on 05th February, 2025.