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Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: Shri Satbeer Singh Godara & Shri Amarjit Singh
Appellant/Applicant by : Ms.Krishna K, Advocate Respondent by : Smt.V.Swarnalatha, Sr.DR Date of Pronouncement : 23.10.2024 Date of Hearing : 16.08.2024 O R D E R Per Bench : This assessee’s appeal in (alongwith its stay application SA No.211/Coch/2023 therein) for assessment year 2008-2009 arises out of the order of the Commissioner of Income-tax (Appeals) / NFAC vide DIN & Order No.ITBA/NFAC/S/250/2022-23/1044422626(1) dated 02.08.2023 in proceedings u/s.143(3) of the Income-tax Act, 1961; in short “the Act” hereinafter.
Heard both the parties. Case files perused.
It emerges during the course of hearing that the NFAC has noted the assessee’s continuous non-appearance in the lower appellate proceedings before rejecting the assessee’s SA No.211/Coch/2023. Sreeni Parameswaran. contentions vide ex-parte order under challenge. Learned Sr.DR could hardly dispute the clinching fact that the NFAC’s order has nowhere decided the assessee’s substantive grounds on merits as contemplated u/sec.250(6) of the Act requiring it to give points for determination followed by a detailed adjudication thereof. 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.
Delay 180 days in filing the appeal before the tribunal is condoned in light of assessee’s averments in his petition explaining reasons thereof beyond his control.
To sum up, assessee’s appeal SA No.211/Coch/2023 is dismissed as rendered infructuous. A copy of the common order be placed in the case files.