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Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: Shri Satbeer Singh Godara & Shri Amarjit Singh
IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Satbeer Singh Godara, Judicial Member and Shri Amarjit Singh, Judicial Member
ITA No. 456/Coch/2023 (Assessment Year: 2003-04)
Sherafudheen Theyyampattil The Income Tax Officer -1 Kalpakanchery Tariff Bazar vs. Malappuram 676551 Opp. Town Hall [PAN: ABTPT0160G] Tirur 676101 (Appellant) (Respondent)
Appellant by: ------ None ------ Respondent by: Smt. V. Swarnalatha, Sr. D.R.
Date of Hearing: 22.08.2024 Date of Pronouncement: 23.10.2024
O R D E R Per Bench This assessee’s appeal for A.Y. 2003-04 arises against the National Faceless Appeal Centre, Delhi [CIT(A)]’s DIN & Order No. ITBA/ NFAC/S/250/2023- 24/1053176747(1) dated 25.05.2023 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 exparte.
It emerges at the outset with the able assistance coming from both the parties that the CIT(A)/NFAC has passed exparte order confirming the Assessing Officer’s action making unexplained income addition(s) of Rs.29 lakhs in assessment dated 27.02.2015, without dealing with the relevant factual matrix as contemplated u/s.
2 ITA No. 456/Coch/2023 Sherafudheen Theyyampattil 250(6) of the Act 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 a 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.
Order pronounced in the open court on 23rd October, 2024. Sd/ Sd/ (Amarjit Singh) (Satbeer Singh Godara) Accountant Member Judicial Member
Cochin, Dated: 23rd October, 2024 n.p. Copy to: 1. The Appellant 2. The Respondent 3. The Pr. CIT concerned 4. The Sr. DR, ITAT, Cochin 5. Guard File By Order
Assistant Registrar ITAT, Cochin