KARALAM SERVICE CO-OPERATIVEBANK LIMITED,THRISSUR vs. INCOME TAX OFFICER, WARD 2(2), THRISSUR, THRISSUR

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ITA 580/COCH/2023Status: DisposedITAT Cochin07 November 2024AY 2010-11Bench: Shri Satbeer Singh Godara (Judicial Member), Shri Amarjit Singh (Accountant Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The tribunal found that the CIT(A)/NFAC's order was passed without dealing with the relevant factual matrix and framing points of determination. Therefore, the issue was restored back to the CIT(A)-NFAC for fresh verification and adjudication.

What were the facts?

The assessee's appeal for AY 2010-11 was heard ex-parte as no one appeared on its behalf. The CIT(A)/NFAC had passed an ex-parte order confirming the disallowance of Section 80P deduction.

What were the issues?

Whether the CIT(A)/NFAC properly adjudicated the appeal by considering the factual matrix and framing points of determination before passing an ex-parte order.

Which sections of the Income-tax Act were involved?

Section 80P,Section 250,Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN

Before: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Respondent: Smt. V. Swarnalatha, Sr. D.R
Hearing: 22.08.2024Pronounced: 07.11.2024

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.

2.

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.

3.

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.

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