M/S NIMBESHWAR MAHADEV BUILT HOMES,RAIGAD vs. THE NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

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ITA 799/PUN/2022Status: DisposedITAT Pune09 December 20224 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the NFAC passed an ex parte order without proper hearing. Therefore, the Tribunal set aside the NFAC's order and remitted the matter back for a fresh decision after giving the assessee a reasonable opportunity to be heard.

What were the facts?

The assessee failed to file a return of income, leading to an ex parte assessment. The first appellate authority (NFAC) dismissed the assessee's appeal for non-appearance despite opportunities. The assessee claimed to have been prevented by sufficient cause.

What were the issues?

Whether the first appellate authority erred in dismissing the appeal ex parte without affording a proper opportunity of hearing to the assessee.

Which sections of the Income-tax Act were involved?

Not explicitly mentioned in the provided text

AI-generated summary — verify with the full judgment below

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

Before: SHRI R.S. SYAL

For Appellant: Shri Hari Krishan
For Respondent: Shri Kalpesh Kumar Rupavatiya

Assessee by Shri Hari Krishan Revenue by Shri Kalpesh Kumar Rupavatiya Date of hearing 08-12-2022 Date of pronouncement 09-12-2022 आदेश / ORDER PER R.S. SYAL, VP : This appeal by the assessee is directed against the order passed by National Faceless Appeal Centre (NFAC), Delhi on 27.09.2022 in relation to assessment year 2013-14.

2.

The assessee in this appeal is aggrieved by certain additions confirmed in the first appeal.

3.

The factual matrix of the case is that the assessee did not file return of income. The assessment was completed at total income of Rs.42,31,830 after making additions on account of cash credit, undisclosed interest income, etc. The assessee preferred first appeal before the ld. CIT(A). Though certain opportunities were given by the NFAC, but the assessee remained quiet and did not respond. Accordingly, the NFAC dismissed the appeal.

4.

I have heard the rival contentions and perused the record. It is seen from the impugned order that the NFAC passed the order ex parte in the absence of the assessee. The ld. AR submitted that the assessee was prevented by sufficient cause from putting in appearance during the first appellate proceedings and requested for a fresh opportunity of hearing. In view of the above factual background prevailing in the extant case, I am of the opinion that it would be just and fair if the impugned order is set-aside and the matter is remitted to the file of the NFAC with a direction to pass order afresh as per law after allowing a reasonable opportunity of hearing to the assessee. Needless to say, the assessee will be at liberty to lead any fresh evidence in support of its point of view in the fresh assessment. I order accordingly.

5.

In the result, appeal is allowed for statistical purposes. Order pronounced in the Open Court on 09th December, 2022.

Sd/- (R.S.SYAL) उपाध्यक्ष/ VICE PRESIDENT पुणे Pune; ददिधांक Dated : 09th December, 2022 GCVSR आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to:

1. 1. अपीलार्थी / The Appellant; प्रत्यर्थी / The Respondent 2.

3. The concerned CIT(A), Pune 4. The concerned Pr.CIT, Pune 5. DR, ITAT, „SMC‟ Bench, Pune गार्ड फाईल / Guard file. 6. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अधिकरण ,पुणे / ITAT, Pune

Date 1. Draft dictated on 08-12-2022 Sr.PS 2. Draft placed before author 09-12-2022 Sr.PS 3. Draft proposed & placed before - JM the second member 4. Draft discussed/approved by - JM Second Member. 5. Approved Draft comes to the Sr.PS Sr.PS/PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *

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