SIBIN KURIAKOSE,KOKKOTTU vs. ITO,NON-CRP WARD 1(4), KOCHI

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ITA 828/COCH/2023Status: DisposedITAT Cochin23 October 2024AY 2016-17Bench: Shri Satbeer Singh Godara (Judicial Member), Shri Amarjit Singh (Accountant Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the appeal back to the CIT(A)/NFAC for fresh adjudication, directing it to provide at least three effective opportunities for hearing. The assessee bears the responsibility to prove all relevant facts.

What were the facts?

The assessee's appeal before the CIT(A)/NFAC was rejected ex-parte due to continuous non-appearance. The CIT(A)/NFAC's order did not decide the substantive grounds on merits.

What were the issues?

Whether the CIT(A)/NFAC's ex-parte order was justified without deciding the substantive grounds on merits.

Which sections of the Income-tax Act were involved?

Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN

Before: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Respondent: Dr. S. Pandian, CIT-DR
Hearing: 23.08.2024Pronounced: 23.10.2024

Heard together (2 matters)

ITA No.828/Coch/2023
SA No.183/Coch/2023

Read from the judgment's own cause title. This page is filed under one of them.

(alongwith its stay application SA No.183/Coch/2023 therein) for assessment years 2016-2017 arises out of the order of the Commissioner of Income-tax (Appeals) / NFAC vide DIN & Order No.ITBA/NFAC/S/250/2023-24/1052373982(1) dated 26.04.2023 in proceedings u/s.143(3) of the Income-tax Act, 1961; in short “the Act” hereinafter.

Case called twice. None appears at assessee’s behest. It is accordingly proceeded ex parte.

SA No.183/Coch/2023. Sri.Sibin Kuriakose.

2.

It emerges during the course of hearing that the CIT(A)/NFAC has noted the assessee’s continuous non- appearance in the lower appellate proceedings before rejecting the assessee’s 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 CIT(A))/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. Assessee’s appeal is allowed for statistical purposes in very terms is allowed for statistical purposes in very terms and the corresponding stay application No.183/Coch/2023 is dismissed as rendered infructuous. Ordered accordingly. A copy of the common order be placed in the respective case files.

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