JAVED AKTHAR,POTTAKUZHI ROAD JUNCTION KALOO vs. ITO, NON CORP WARD 1(1), KOCHI, CENTRAL REVENUE BUILDING
What did the Tribunal hold?
The Tribunal found that the CIT(A) passed an ex-parte order without addressing the factual aspects as required by law. Therefore, the issue was restored to the Assessing Officer for fresh verification and adjudication.
What were the facts?
The assessee's appeal for AY 2013-14 was against an ex-parte order by the CIT(A)/NFAC. The CIT(A) confirmed additions made by the Assessing Officer under sections 56(2) and 115BBE without properly dealing with the factual matrix.
What were the issues?
Whether the CIT(A) properly adjudicated the appeal by not dealing with the factual matrix and requirements of Section 250(6) of the Act.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
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 for A.Y. 2013-14 arises against the National Faceless Appeal Centre, Delhi [CIT(A)]’s DIN & Order No. ITBA/ NFAC/S/250/2023- 24/1053642652(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 exparte.
It emerges at the outset with the able assistance coming from the Revenue that the CIT(A)/NFAC has passed exparte order confirming the Assessing Officer’s action making sections 56(2) and 115BBE additions without dealing with the relevant Javed Akthar 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 is allowed for statistical purposes.
More judgments on Section 56(2)
- Pramod Dwivedi, Raipur vs ITO, Ward-1(2), RaipurITA 597/RPR/2026[2024-25]Status: Disposed7 Oct 2026AY 2024-25
- Nitin Santosh Singh, Mumbai vs Ward 24(3)(1), Mumbai, Piramal ChamberITA 5261/MUM/2026[2018-19]Status: Disposed24 Sept 2026AY 2018-19
- Jabalpur Development Authority, Jabalpur vs Income Tax Officer 2(4), JabalpurITA 67/JAB/2018[2015-16]Status: Disposed22 Sept 2026AY 2015-16
- Jabalpur Development Authority, Jabalpur vs Assistant Commissioner of Income Tax Circle…ITA 66/JAB/2018[2014-15]Status: Disposed22 Sept 2026AY 2014-15
- Jabalpur Development Authority, Jabalpur vs Assistant Commissioner of Income Tax Circle…ITA 65/JAB/2018[2013-14]Status: Disposed22 Sept 2026AY 2013-14
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