SALIM SHAH ALI,AGRA vs. ASSESSING OFFICER WARD 2(1)(4) , AGRA

PDF · subscribers
ITA 259/AGR/2024Status: DisposedITAT Agra11 February 2025AY 2017-182 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A)'s order lacked proper determination and detailed discussion as required by section 250(6). Therefore, the appeal was set aside to the CIT(A) for fresh adjudication.

What were the facts?

The assessee's appeal for AY 2017-18 was against the CIT(A)-NFAC's order. The CIT(A) had affirmed additions of Rs. 10,78,000 under section 69A without proper determination or detailed discussion.

What were the issues?

Whether the CIT(A) properly adjudicated the additions made under section 69A and followed the procedural requirements of section 250(6) in its order.

Which sections of the Income-tax Act were involved?

Section 69A,Section 250(6),Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AGRA BENCH, AGRA

Before: SHRI SATBEER SINGH GODARA & SHRI MANOJ KUMAR AGGARWAL

Hearing: 11.02.2025Pronounced: 11.02.2025

ORDER

Per Satbeer Singh Godara, Judicial Member:

1.

This assessee’s appeal for assessment year 2017-18, arises against the Commissioner of Income Tax (Appeals)-National Faceless Appeal Centre [in short, the “CIT(A)-NFAC”],Delhi’s DIN and order no. ITBA/NFAC/S/250/2024-25/1065136230(1) dated 27.05.2024, involving proceedings under section 144 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).

2.

Case called twice. None appears at the assessee’s behest. We, accordingly, proceed ex parte against him.

3.

It emerges during the course of hearing that the learned CIT(A)/NFAC herein has affirmed the assessment findings making section 69A unexplained many additions of Rs.10,78,000/- in the course of assessment framed on 21.11.2019, without either framing any points of determination nor we find any detailed discussion thereupon, as contemplated u/s 250(6) of the Act.

4.

Faced with this situation, we deem it appropriate in the larger interest of justice to set aside the assessee’s instant appeal back to the CIT(A)/NFAC for his afresh appropriate adjudication, within three effective opportunities of hearing at the appellant’s risk and responsibility, in consequential proceedings. Ordered accordingly.

5.

This assessee’s appeal is allowed for statistical purposes. Order pronounced in the open court on 11TH February, 2025.

More judgments on Section 69A

All 15,297 judgments and leading authorities on Section 69A →

Recent GST High Court judgments

Search GST case law →