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Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: Shri Satbeer Singh Godara & Shri Amarjit Singh
Appellant by: Shri Akhil Philip, Advocate Respondent by: Smt. V. Swarnalatha, Sr. D.R. 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. 2009-10 arises against the National Faceless Appeal Centre, Delhi [CIT(A)]’s DIN & Order No. ITBA/ NFAC/S/250/2023- 24/1056381762(1) dated 21.09.2023 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 69B addition on account of the alleged undisclosed investment, without dealing with the relevant factual matrix without dealing with the relevant factual matrix as contemplated u/s. 250(6) of the Act requiring him to frame points Royal Medical Trust of determination followed by a detailed discussion thereupon. Faced with this situation, we deem it fit appropriate to restore this assessee’s appeal back to the CIT(A) for his afresh verification and 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.
This assessee’s appeal is allowed for statistical purposes in above terms. Order pronounced in the open court on 25th September, 2024.