PRAKASH DIPCHAND KAPADNIS,NASHIK vs. ITO WARD 1(1), NASHIK

Aggrieved assessee preferred appeal before the ld.NFAC apart from filing the appeal presenting the statement of facts. No further compliance was made to the notice of hearing issued by ld.NFAC which led to dismissal of appeal.

Now the assessee is in appeal before the Tribunal.

When the appeal was called for, none appeared on behalf of the assessee despite due service of notice of hearing. I therefore proceed to dispose of the appeal with the able assistance from ld. Departmental Representative exparte qua the assessee. Prakash Dipchand Kapadnis

I have heard the ld. Departmental Representative and perused the record placed before me. I notice that as per Form No.26AS Commission/Brokerage of Rs.24,89,121/- is credited in the PAN of the assessee received from Citrus Inns Limited and Royal Twinkle Star Club Private Limited (Rs.10,52,153.33 + Rs.14,36,967.61). In the grounds of appeal, the grievance of the assessee is that ld. AO ought to have computed only the net income rather than making addition of gross receipts. However, the assessee had not placed any details either before the ld.NFAC or even before this Tribunal. A perusal of the impugned order also would reveal that ld.CIT(A)/NFAC has dismissed the assessee’s appeal in limine without discussing the issue on merits as contemplated u/s.250(6) of the Act, which provides that for adjudicating the appeal, the ld.CIT(A)/NFAC should dispose of the same in writing and shall state the points for determination, the decision thereon and the reason for that decision. The settled position of law mandates the ld.NFAC to dispose of the appeal by adjudicating the issues raised in appeal on merits. In this regard, reference is being made to a decision of the Hon’ble Bombay High Court in the case of Pr.CIT(Central) Vs. Premkumar Arjundas Luthra (HUF) Bombay)/[2017] 297 CTR Prakash Dipchand Kapadnis

Considering the totality of the facts and circumstances prevailing in the instant case, I am of the opinion that assessee deserves one more opportunity to meet the ends of justice. In view thereof, without dwelling into merits of the issue, the issue on merits is being remitted to the file of ld. NFAC for denovo adjudication after affording opportunity of being heard to the assessee. The assessee is also directed to remain vigilant and not to take adjournment unless otherwise required for reasonable cause, failing which the ld. NFAC shall be free to proceed in accordance with law. Finding of the ld.NFAC is set aside and Grounds of appeal raised by the assessee are allowed for statistical purposes.

In the result, the appeal of the assessee is allowed for statistical purposes.

अपीलाथ / The Appellant. 2. यथ / The Respondent. 3. The Pr. CIT concerned. 4. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, “SMC” बच, पुणे / DR, ITAT, “SMC” Bench, Pune.

गाड फ़ाइल / Guard File. आदेशानुसार / BY ORDER,