Loading judgment…
Facts
The assessee appealed against the CIT(A)'s order for AY 2017-18, which upheld the Assessing Officer's addition of Rs. 11.45 lacs as unexplained money under sections 69A r.w.s. 115BBE. The assessee contended that the CIT(A) failed to address the relevant factual matrix and frame points of determination as mandated by section 250(6) of the Income Tax Act.
Held
The Tribunal found that the CIT(A) failed to deal with the relevant factual matrix as required by section 250(6) and thus remitted the file back to the CIT(A)/NFAC for a fresh hearing. The CIT(A) was directed to provide the taxpayer with three effective opportunities to plead and prove all relevant facts, and the appeal was allowed for statistical purposes.
Key Issues
Whether the CIT(A) erred by affirming an addition under sections 69A r.w.s. 115BBE without dealing with the factual matrix and framing points of determination as required by section 250(6) of the Income Tax Act.
Sections Cited
147, 144, 69A, 115BBE, 250(6)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
ORDER This assessee’s appeal for Assessment Year 2017-18, arises against the order of CIT(A)/NFAC, Delhi dated 20.03.2024 in case No. ITBA/NFAC/S/250/2023- 24/1062989974(1) in proceedings u/s 147 r.w.s. 144 of the Income Tax Act, 1961 (in short “The Act”).
Heard both parties at length. Case files perused.
It is emerges at the outset that the able assistance coming from both the parties that CIT(A)/NFAC’s lower appellate discussion herein affirming the Assessing Officer section making section 69A r.w.s. 115BBE unexplained money addition of Rs.11.45 lacs in the course of assessment dated 10.03.2023, has nowhere dealt with the relevant factual matrix as contemplated u/s 250(6) of the Act requiring him to frame points of determination followed by a detailed discussion there upon.
Rajesh Kumar Vij 4. That being the case, it is deem it appropriate in the larger interest of justice to remit the file back to the CIT(A)/NFAC for afresh effective innings with a rider that it shall be the taxpayer risk and responsibility only to plead and prove all the relevant facts three effective opportunities in consequential proceedings. Ordered accordingly.
This assessee’s appeal is allowed for statistical purpose in above terms. Order Pronounced in the Open Court on 21/11/2024.