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Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: Shri Satbeer Singh Godara & Shri Amarjit Singh
O R D E R Per Bench : This assessee’s appeal in (alongwith its stay application SA No.180/Coch/2023 therein) for assessment year 2021-2022, arise from the order of the Commissioner of Income-tax (Appeals)/NFAC vide DIN & Order No.ITBA/NFAC/S/250/2023-24/1057094284(1) dated 16.10.2023 in proceedings u/s.154 of the Income-tax Act, 1961; in short “the Act” hereinafter.
Heard both the parties. Case files perused.
It emerges at the outset that the CIT(A)-NFAC herein has confirmed the Assessing Officer’s action making sec.40(b) partners remuneration disallowance and that too, without & SA No.180/Coch/2023. Metalex Agencies. either framing any point of determination or a detailed discussion there upon as contemplated u/s.250(5) of the Act. This clinching fact has not rebutted at the department level, during the course of hearing before us. Faced with the situation, we deem it appropriate in the larger interest of justice to restore the assessee’s instant appeal back to the NFAC for it’s afresh adjudication, preferably within three effective opportunities of hearing, subject to the rider that it shall be the taxpayer’s onus and responsibility only to file and prove all the relevant facts in consequential proceedings.
To sum up, the assessee’s appeal is partly allowed for statistical purposes and it’s stay application SA.No.180/Coch/2023 is dismissed as rendered infructuous in above terms. A copy of the common order be placed in the respective case files.