Loading judgment…
Facts
The assessee filed appeals against the orders of the NFAC for assessment years 2018-19 and 2020-21. The assessment was framed by the AO under section 143(3) r.w.s. 143(3A) and 143(3B) of the Act, with additions for disallowed deductions and unexplained investments. The assessee preferred an appeal before the CIT(A), but the facts and findings in the CIT(A)'s order did not emanate from the assessment order.
Held
The Tribunal noted that the CIT(A) had inadvertently recorded facts and findings not originating from the assessment order. The Departmental Representative (DR) could not controvert the assessee's arguments. Therefore, the Tribunal deemed it fit to restore the issue to the file of the CIT(A) for fresh adjudication.
Key Issues
Whether the CIT(A)'s order correctly reflected the facts and findings of the assessment, and if not, whether the matter should be restored for fresh adjudication.
Sections Cited
143(3), 143(3A), 143(3B), 80P
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘B’ BENCH, BANGALORE
Before: SHRI WASEEM AHMED & SHRI SOUNDARARAJAN K
PER WASEEM AHMED, ACCOUNTANT MEMBER:
These appeals are filed by the assessee against the orders passed by the NFAC, Delhi dated 10/06/2024 in DIN No. ITBA/NFAC/ S/250/2024-25/1065522327(1) for the assessment year 2018-19 and dated 03/06/2024 in DIN No. ITBA/NFAC/S/250/2024-25/1065358192(1) for the assessment year 2020-21.
At the outset, we note that the assessment was framed by the AO u/s 143(3) r.w.s. 143(3A and 143(3B) of the Act after making the following additions:
Returned income Rs. 2,84,330/- Added: Disallowed deduction u/s 80P Rs. 68,16,732/- Added: Unexplained investments Rs. 93,01,770/- Total income Rs.1,64,02,832/-
Against the assessment order, the assessee preferred an appeal before the ld. CIT(A) who inadvertently has recorded the facts and findings in his order, which were not emanating from the assessment order. Thus, the ld. AR appearing on behalf of the assessee submitted before us that the matter can be restored to the file of the ld. CIT(A) for fresh adjudication as per the provisions of law in the light of the findings contained in the impugned assessment order.
On the other hand, the ld. DR could not controvert the arguments advanced by the ld. AR for the assessee.
We have heard the rival contentions of both the parties and perused the materials available on record. In the light of the above stated discussion, we deem it fit to restore the issue to the file of the ld. CIT(A) for fresh adjudication after considering the impugned assessment order. It is also directed to the assessee to prepare the relevant submission for the perusal of the ld. CIT(A). Hence, the ground of appeal of the assessee is allowed for statistical purposes.
In the result, the appeal filed by the assessee is allowed for statistical purposes.
The facts of the case on hand are identical to the facts of the case discussed above, therefore, respectfully following the same, we deem it fit to restore the issue to the file of the ld. CIT(A) for fresh adjudication after considering the impugned assessment order. It is also directed to the assessee to prepare the relevant submission for the perusal of the ld. CIT(A). Thus, the appeal filed by the assessee is allowed for statistical purposes.
In the result, the appeal filed by the assessee is allowed for statistical purposes.
In the combined result, both the appeals filed by the assessee are allowed for statistical purposes.
Order pronounced in court on 19th day of September, 2024