ASHOK TILAK SAPRA,PORVORIM vs. INCOME TAX OFFICER, PANAJI
Facts
The assessee filed an appeal under section 251(1) of the Income-tax Act, 1961, challenging an order from the National Faceless Appeal Centre (NFAC) passed under section 250. This NFAC order stemmed from an ex-parte assessment order issued by the ITO under section 144. The NFAC's order was contradictory, setting aside the assessment for fresh consideration in one paragraph but dismissing the appeal as infructuous in another.
Held
The Tribunal found the National Faceless Appeal Centre's order irregular due to conflicting directives: setting aside the ex-parte assessment for fresh assessment while simultaneously dismissing the appeal as infructuous. Consequently, the Tribunal set aside the impugned order and remitted the matter back to the NFAC for a de-novo adjudication, deeming it fit to re-evaluate the case.
Key Issues
Whether the National Faceless Appeal Centre's order, which contained conflicting directions of setting aside an ex-parte assessment for fresh adjudication and simultaneously dismissing the appeal as infructuous, was irregular and required de-novo adjudication.
Sections Cited
Section 251(1) of Income-tax Act, 1961, Section 250 of Income-tax Act, 1961, Section 144 of Income-tax Act, 1961, Proviso to Section 251(1)(a) of Income-tax Act, 1961, Rule 18 of ITAT Rules-1963, Rule 34 of ITAT Rules-1963
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Income Tax Appellate Tribunal, PANAJI BENCH, PANAJI
Before: HON’BLE SHRI PAVAN KUMAR GADALE & SHRI G. D. PADMAHSHALI
IN THE INCOME TAX APPELLATE TRIBUNAL, PANAJI BENCH, PANAJI BEFORE HON’BLE SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER AND SHRI G. D. PADMAHSHALI, ACCOUNTANT MEMBER ITA Nos. 012/PAN/2025 Asstt. Year 2017-18 Ashok Tilak Sapra Durga Motors Telco Dealers, NH-17, Near Water Tank, Porvorim, Goa. PAN : AKMPS9415M…………………………………………………Appellant V/s Income Tax Officer Panaji, Goa…………………………………………………..Respondent Appearances Assessee by : Mr S J Kamat [‘Ld. AR’] Revenue by : Mr Ravindra Hattalli [‘Ld. DR’] Date of conclusive Hearing: 17/03/2025 Date of Pronouncement : 19/03/2025 ORDER PER G. D. PADMAHSHALI; The captioned assessee’s appeal is instituted u/s 251(1) of the Income-tax Act, 1961 [hereinafter ‘the Act’] against respective order of the Ld. National Faceless Appeal Centre, Delhi [hereinafter ‘Ld. NFAC’] passed u/s 250 of the Act which in turn ascended out the order of assessment passed u/ 144 of the Act dt. 31/12/2019 by the ITO, Ward-2(3), Panaji Goa.
ITAT-Panaji Page 1 of 2
Ashok Tilak Sapra Vs ITO ITA Nos.012/PAN/2025
We have heard the rival party’s common submissions; and 2.
subject to the provisions of rule 18 of ITAT Rules-1963, perused
the material placed on record. At the outset we note that, in view
of newly inserted proviso to section 251(1)(a) of the Act vide para
6 of the impugned order the Ld. NFAC has set-aside the ex-parte
assessment order passed u/s 144 of the Act for fresh assessment
and however while concluding vide para 7 per-se dismissed the
appeal as infructuous. Since these conflicting paragraphs turned
the entire adjudication of Ld. NFAC as irregular, we therefore
deem it fit to set-aside the impugned order and remit the matter
back to the file of Ld. NFAC for de-novo adjudication.
In results, appeal is allowed for statistical purposes. In terms of rule 34 of ITAT Rules, 1963 the order pronounced in the open court on date mentioned herein before.
-S/d- -S/d- PAVAN KUMAR GADALE G. D. PADMAHSHALI JUDICIAL MEMBER ACCOUNTANT MEMBER Panaji/Dt: 19th March, 2025. Copy of the Order forwarded to : 1. The Appellant. 2. The Respondent. 3. The CIT(A)/NFAC Concerned 4. PCIT Concerned 5. DR, ITAT, Panaji Bench, Panaji 6. Guard File By Order, Sr. Private Secretary / AR ITAT, Panaji. ITAT-Panaji Page 2 of 2
