HOSDURG SERVICE CO-OPERATIVE BANK LTD NO C 1068,HOSDURG, KASARAGOD vs. ITO, WARD-1&TPS, KASARAGOD

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ITA 850/COCH/2023Status: DisposedITAT Cochin25 September 2024AY 2018-2019Bench: Shri Satbeer Singh Godara (Judicial Member), Shri Amarjit Singh (Judicial Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A) passed an ex-parte order without proper adjudication as required by Section 250(6). Therefore, the issue was restored to the Assessing Officer for fresh verification and adjudication.

What were the facts?

The assessee's appeal for AY 2018-19 was filed against an ex-parte order by the CIT(A)/NFAC. The CIT(A) confirmed the Assessing Officer's disallowance of Section 80P deduction without considering the factual matrix.

What were the issues?

Whether the CIT(A) properly adjudicated the appeal by considering the facts and framing points of determination before passing an ex-parte order.

Which sections of the Income-tax Act were involved?

Section 80P,Section 250,Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN

Before: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Shri Suresh Kumar Varma, CA
For Respondent: Smt. V. Swarnalatha, Sr. D.R
Hearing: 13.08.2024Pronounced: 25.09.2024

Appellant by: Shri Suresh Kumar Varma, CA Respondent by: Smt. V. Swarnalatha, Sr. D.R. Date of Hearing: 13.08.2024 Date of Pronouncement: 25.09.2024 O R D E R Per Bench This assessee’s appeal for A.Y. 2018-19 arises against the National Faceless Appeal Centre, Delhi [CIT(A)]’s DIN & Order No. ITBA/ NFAC/S/250/2023- 24/1057077496(1) dated 16.10.2023 in proceedings u/s. 250 of the Income Tax Act, 1961 (the Act).

Heard both parties. Case file perused.

2.

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 80P deduction disallowance without dealing 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 thereon. Faced with this situation, Hosdurg Service Co-op. Bank Ltd. we deem it fit appropriate to restore the issue back to the Assessing Officer 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. Ordered accordingly.

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