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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. 579/Coch/2024 & SA No. 78/Coch/2024 (Assessment Year: 2020-21)
Cheruvarakonam Service The Income Tax Officer Co-op. Bank Ltd. Ward - 2(1) Trivandrum Parasala Post vs. Thiruvananthapuram 695509 [PAN: AAFAT1053Q] (Appellant) (Respondent)
Appellant by: Shri Arun Raj S., Advocate Respondent by: Dr. S. Pandian, CIT-DR
Date of Hearing: 16.08.2024 Date of Pronouncement: 23.10.2024
O R D E R Per Bench This assessee’s appeal, along with the stay application, for A.Y. 2020-21 arises against the National Faceless Appeal Centre, Delhi [CIT(A)]’s DIN & Order No. ITBA/ NFAC/S/250/2023-24/1059763006(1) dated 16.01.2024 in proceedings u/s. 250 of the Income Tax Act, 1961 (the Act).
Heard both parties. Case files perused.
It emerges at the outset with the able assistance coming from both the parties that the CIT(A)/NFAC has passed it’s exparte lower appellate order confirming the Assessing Officer’s action making section(s) 80P deduction disallowance followed by section(s) 68 & 69C addition(s) thereby involving varying sum(s), without dealing
2 ITA No. 579 & SA No. 78/Coch/2024 Cheruvarakonam Service Co-op. Bank Ltd. 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 thereupon. We further note that the Assessing Officer had also framed his assessment ex-parte only. Faced with this situation, we deem it appropriate to restore all the issues back to the Assessing Officer for his afresh appropriate adjudication with a rider that it shall be the assessee’s risk and responsibility only to plead and prove all the relevant facts within three effective opportunities of hearing in consequential proceedings. Ordered accordingly.
Delay of 90 days in filing the appeal stands condoned considering the reasons given in the condonation application.
This assessee’s appeal ITA.No.579/Coch./2024 is allowed for statistical purposes and it’s stay application SA.No.78/Coch./2024 is dismissed as rendered infructuous. A copy of this common order be placed in the respective case files.
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
Assistant Registrar ITAT, Cochin