JOHNSON NEDUVELIL JOHN,TRIVANDRUM vs. ITO, WARD-2(1), TRIVANDRUM

PDF · subscribers
ITA 144/COCH/2024Status: DisposedITAT Cochin25 September 2024AY 2015-2016Bench: 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 dealing with the factual matrix and points of determination as required by section 250(6). Therefore, the appeal was restored to the CIT(A) for fresh adjudication.

What were the facts?

The assessee's appeal for AY 2015-16 was decided ex-parte by the CIT(A)/NFAC. The CIT(A) confirmed the addition made by the Assessing Officer under section 69 for unexplained investment.

What were the issues?

Whether the CIT(A) properly adjudicated the appeal by not considering the factual matrix and points of determination. Whether the ex-parte order passed by the CIT(A) was justified.

Which sections of the Income-tax Act were involved?

Section 69,Section 250

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 Respondent: Smt. V. Swarnalatha, Sr. D.R
Hearing: 14.08.2024Pronounced: 25.09.2024

Appellant by: ------- None ------- Respondent by: Smt. V. Swarnalatha, Sr. D.R. Date of Hearing: 14.08.2024 Date of Pronouncement: 25.09.2024 O R D E R Per Bench This assessee’s appeal for A.Y. 2015-16 arises against the National Faceless Appeal Centre, Delhi [CIT(A)]’s DIN & Order No. ITBA/ NFAC/S/250/2023- 24/1059300200(1) dated 02.01.2024 in proceedings u/s. 250 of the Income Tax Act, 1961 (the Act).

Case called twice. None appears at assessee’s behest. We accordingly proceed exparte.

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 69 addition in question on account of unexplained investment Johnson Neduvelil John 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 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.

3.

This assessee’s appeal is allowed for statistical purposes in above terms. Order pronounced in the open court on 25th September, 2024.

More judgments on Section 69

All 9,011 judgments and leading authorities on Section 69 →

Recent GST High Court judgments

Search GST case law →