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Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: Shri Satbeer Singh Godara & Shri Amarjit Singh
Appellant by: ------- None ------- Respondent by: Smt. V. Swarnalatha, Sr. D.R. Date of Hearing: 22.08.2024 Date of Pronouncement: 07.11.2024 O R D E R Per Bench This assessee’s appeal for A.Y. 2010-11 arises against the National Faceless Appeal Centre, Delhi [CIT(A)]’s DIN & Order No. ITBA/NFAC/S/250/2023- 24/1053632239(1) dated 09.06.2023 in proceedings u/s. 250 of the Income Tax Act, 1961 (the Act).
Case called twice. None appears at assessee’s behest. We accordingly proceed ex-parte against the assessee.
It emerges at the outset with the able assistance coming from Revenue side that the CIT(A)/NFAC has passed ex-parte order in para-4 page-3 confirming the Assessing Officer’s action making section 80P deduction disallowance without dealing with the relevant factual matrix as contemplated u/s. 250(6) of the Act Karalam Service Co-op. Bank Ltd. requiring him to frame points of determination followed by a detailed discussion thereon. Faced with this situation, we deem it fit appropriate to restore the issue back to the CIT(A)-NFAC for it’s afresh verification and adjudication with the rider that it shall be the assessee’s risk and responsibility only to plead and prove all the related facts within three effective opportunities of hearing. Ordered accordingly.
This assessee’s appeal is allowed for statistical purposes in above terms. Order pronounced in the open court on 07th November, 2024 under Rule 34 of The Income Tax (Appellate Tribunal) Rules, 1963.