SONDEKOPPA THIMMAIAH RAMDAS,BANGALORE vs. INCOME-TAX OFFICER, WARD-6(3)(1), BANGALORE
What did the Tribunal hold?
The Tribunal held that in the interest of justice, the matter should be remitted to the NFAC for reconsideration. The NFAC was directed to provide a proper opportunity of hearing to the assessee.
What were the facts?
The assessee appealed against an ex-parte order passed by the NFAC. The assessee contended that they were not well-versed with the ITBA portal and thus could not avail the hearing opportunity.
What were the issues?
Whether the NFAC's ex-parte order was valid without providing a proper opportunity of hearing to the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C’’ BENCH: BANGALORE
Before: SHRI CHANDRA POOJARI & SHRI KESHAV DUBEY
PER CHANDRA POOJARI, ACCOUNTANT MEMBER:
This appeal by assessee is directed against the order of NFAC for the assessment year 2018-19 dated 30.1.2024 passed u/s 250 of the Income Tax Act, 1961 (in short “The Act”).
The assessee is in appeal before us against the confirmation of ex-parte order of ld. AO without giving proper opportunity of hearing by NFAC.
The ld. A.R. submitted that the assessee was not well versed in ITBA portal and hence, assessee was not able to avail the opportunity granted to the assessee for hearing and prayed that the issue may be remitted to the file of ld. AO for fresh consideration.
We have heard the rival submissions and perused the materials available on record. In our opinion, in the interest of justice, this issue is remitted to the file of ld. NFAC for Sondekoppa Thimmaiah Ramdas, Peenya Page 2 of 2 reconsideration since order of ld. NFAC is ex-parte. Accordingly, the issue in dispute is remitted to the file of ld. NFAC for fresh consideration after giving an opportunity of hearing to the assessee. 5. In the result, appeal of the assessee is partly allowed for statistical purposes. Order pronounced in the open court on 6th June, 2024
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