NATIONAL RADIO ELECTRONICS,KANNUR vs. ITO, CIRCLE-1, KANNUR

This appeal filed by the assessee is directed against the order of the CIT(A) / NFAC DIN & Order No.ITBA/NFAC/S/250/2023- 24/1059382503(1) dated 4th January, 2024 for the assessment year 2017-2018.

Briefly stated the facts of the case are that the assessee is a partnership firm engaged in the business of dealing with the electronics and home appliances. The return of income for the assessment year 2017-2018 was filed on 31.01.2018 declaring income of Rs.1,49,69,270. Against the said return of income, the assessment was completed by the Assessing Officer (AO) vide order dated 27.12.2019

Being aggrieved by the above assessment order, the assessee has filed appeal before the learned Commissioner of Income-tax (Appeals), who vide the impugned order confirmed the action of the AO.

Being aggrieved, the assessee is in appeal before us in the present appeal. When the appeal was called, none appeared on behalf of the assessee despite due service of notice of hearing, therefore, we proceed to dispose of the appeal on merits based on the written submission available on record.

We have heard the learned Departmental Representative and perused the material on record. On perusal of the order passed by the NFAC it would reveal that the NFAC had merely dismissed the appeal after extracting the statement of facts and assessment order without stating the points for consideration and giving an independent finding on the issues raised in the grounds of appeal. Thus, the order of the NFAC does not exhibit any independent application of mind. Therefore, the order passed by the NFAC is hereby set aside to the file of the NFAC for fresh de novo disposal of the appeal on merits in accordance with law after affording due opportunity of being heard to the assessee.