MY GLOBAL EXPRESS PRIVATE LIMITED,COCHIN vs. INCOME TAX OFFICER, ERNAKULAM
No AI summary yet for this case.
Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: Shri Satbeer Singh Godara & Shri Amarjit Singh
Per Bench :
This assessee’s appeal in ITA No.77/Coch/2024 for assessment year 2013-2014 arises out of the order of the Commissioner of Income-tax (Appeals) / NFAC vide DIN & Order No.ITBA/NFAC/S/250/2023- 24/1058297410(1) dated 29.11.2023, 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.
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 grounds/ contentions vide ex-parte order under challenge. Learned
2 ITA No.77/Coch/2024. MY Global Express Private Limited. 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 risk and responsibility only to file and prove all the relevant facts in consequential proceedings. Assessee’s appeal ITA No. 77/Coch/2024 is allowed for statistical purposes in very terms. Ordered accordingly.
Order pronounced in the open court on this 23rd Day of October, 2024.
Sd/- Sd/- (Amarjit Singh) (Satbeer Singh Godara) ACCOUNTANT MEMBER JUDICIAL MEMBER
Cochin ; Dated : 23rd October, 2024 Devadas G* Copy to : 1. The Appellant. 2. The Respondent. 3. The CIT Concerned. 4. The DR, ITAT, Cochin. 5. Guard File. Asst. Registrar/ITAT, Cochin