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Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: Shri Satbeer Singh Godara & Shri Amarjit Singh
Appellant by: Shri Abhiram Sunish, Advocate Respondent by: Dr. S. Pandian, CIT-DR Date of Hearing: 16.08.2024 Date of Pronouncement: 25.09.2024 O R D E R Per Bench This assessee’s appeal for A.Y. 2012-13 arises against the National Faceless Appeal Centre, Delhi [CIT(A)]’s DIN & Order No. ITBA/ NFAC/S/250/2023- 24/10551500330(1) dated 16.08.2023 in proceedings u/s. 250 of the Income Tax Act, 1961 (the Act).
Heard both parties. Case file perused.
It emerges at the outset with the able assistance coming from both the parties that the CIT(A)/NFAC has passed exparte order confirming the Assessing Officer’s action making section 14A r.w.r. 8D(2)(i) disallowance without dealing with the relevant factual matrix as contemplated u/s. 250(6) of the Act requiring him to frame Ayyappa Roller Flour Mills Ltd. 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 CIT(A) 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 at it’s risk and responsibility, in consequential proceedings. Ordered accordingly.