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Facts
The assessee's appeal for AY 2014-15 was filed against an order passed by the CIT(A)/NFAC which exercised its "remand" jurisdiction. The appeal was heard ex-parte as the assessee did not appear. The revenue pointed out that this was a second round of proceedings involving an assessment framed u/s 144 of the Act.
Held
The Tribunal found no reason to interfere with the CIT(A)/NFAC's remand directions. The assessee was granted liberty to raise all factual and legal grounds before the assessing authority in the consequential proceedings.
Key Issues
Whether the CIT(A)/NFAC's remand directions were valid, considering this was the second round of proceedings and the assessment was framed u/s 144 of the Act.
Sections Cited
147, 144, 250(1)(a)
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Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
ORDER This assessee’s appeal for Assessment Year 2014-15 arises against the CIT(A)/NFAC, Delhi’s DIN & order No. ITBA/NFAC/S/250/2024-25/1072972601(1) dated 06.02.2025, in proceedings u/s 147 r.w.s. 144 of the Income Tax Act, 1961 (in short “the Act”).
Case called twice. None appears at the assessee’s behest. He is accordingly proceeded ex-parte.
It next transpires during the course of hearing with the able assistance coming from the Revenue side that all what the learned CIT(A)/NFAC has done is to exercise his “remand” jurisdiction as per the newly introduced provision u/s 250(1)(a) of the Act r.w. proviso thereto; inserted by the legislature vide Finance Act, 2024 w.e.f. 01.10.2024 in the Act despite the fact
That being the case, I find no reason to interfere with the learned CIT(A)/NFAC well thought remand directions and decline the assessee’s instant appeal against the same in very terms. It is made clear before parting that the assessee shall indeed be at liberty to raise all his factual and legal grounds before the assessing authority in consequential proceedings which shall be considered as per law.