ASHISH CHANDRAKANT SASTE,PUNE vs. ITO WARD 8(3), PUNE

This assessee‟s appeal for AY 2017-18 arises against the NFAC, Delhi‟s order dated 04-06-2024 passed in case No. ITBA/NFAC/S/250/2024-25/1065377048(1) in proceedings under Section 250 of the Income Tax Act, 1961, in short „the Act‟.

It emerges at the outset with the able assistance coming from both the parties that the learned CIT(A) / NFAC has passed this lower appellate order under challenge; ex-parte, after noticing the assessee‟s continuous non-appearance in para 4 page 5 therein, thereby affirming the AO's action making section 69A unexplained money addition of Rs.199,22,890/- in his assessment dated 29.03.2022.

Ld. AR vehemently argues that the lower appellate authority has not rightly confirmed the Assessing Officer's action in the foregoing terms.

Ld. DR would hardly dispute that the impugned lower appellate authority‟s discussion has neither framed its points of determination nor is there any detailed adjudication thereupon as contemplated u/s 250(6) of the Act. And also that although it prima facie appears para 7 of the CIT(A) / NFAC has treated the instant assessment proceedings as penalty as well. Be that as it may, we deem it appropriate in these peculiar facts and circumstances that larger interest would be met in case the assessee is afforded one more opportunity of hearing before the CIT(A) / NFAC. We order accordingly subject to rider that it shall be the assessee‟s risk and responsibility only to plead and prove all the relevant facts in consequential proceedings within three effective opportunities of hearing. Ordered accordingly.

This assessee‟s appeal is allowed for statistical purposes in above terms.