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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 ITA.No.555/Coch./2023 with stay application S.A.No.121/Coch./2023, for A.Y. 2014-15, arise against the National Faceless Appeal Centre, Delhi [CIT(A)]’s DIN & Order No. ITBA/NFAC/S/250/2023- 24/1052892131(1) dated 17.05.2023 in proceedings u/s. 250 of the Income Tax Act, 1961 (the Act).
Heard both the parties. Case file perused.
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 Abdul Jabbar Vakkulathil action assessing the income of the assessee u/s. 56 instead of section 69A r.w.s. 115BBE of the Act without dealing with the relevant factual matrix as contemplated u/s. 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 Assessing Officer for his 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 ITA.No.555/Coch./2023 is allowed for statistical purposes and his stay application S.A.No.121/Coch./2023 is rendered infructuous in above terms. A copy of this common order be placed in the respective case files.