IRIVERI SERVICE CO-OP BANK LTD,KANNUR vs. THE ITO, KANNUR

Learned DR submits at the outset that both the lower authorities have righty disallowed the assessee’s section 80P deduction claim herein; involving varying sums, for the reason that it failed to satisfy all the statutory conditions stipulated therein. She could hardly dispute the clinching fact that the NFAC’s order has nowhere decided the assessee’s substantive grounds on merits as contemplated u/s.250(6) of the Act requiring it to frame points for determination followed by a detailed adjudication thereupon. 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. Ordered accordingly.

These assessee’s three appeals 501/Coch/2023 & 502/Coch/2023 are allowed for statistical purposes in above terms. Ordered accordingly. A copy of the common order be placed in the respective case files.