CHANDRAKALA SHIVMANGAL DUBEY,NAGPUR vs. INCOME TAX OFFICER WARD 1(2) NAGPUR, NAGPUR
What did the Tribunal hold?
The Tribunal found that the NFAC order did not adjudicate the substantive grounds of appeal on merits. Therefore, the appeal was restored to the NFAC for fresh adjudication.
What were the facts?
The assessee's appeal for AY 2013-2014 was against an NFAC order that rejected a deduction under Section 54 of the Act. The assessee did not appear before the NFAC, and consequently, the appeal was rejected.
What were the issues?
Whether the NFAC order properly adjudicated the assessee's grounds on merits. Whether the assessee's non-appearance warranted a rejection without considering the substantive issues.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, NAGPUR “SMC” BENCH : NAGOUR
Before: SHRI SATBEER SINGH GODARA
IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR “SMC” BENCH : NAGOUR [THROUGH VIRTUAL HEARING AT ITAT : PUNE] BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER I.T.A.No.411/NAG./2023 Assessment Year 2013-2014 Smt. Chandrakala The Income Tax Officer, Shivmangal Dubey, Plot Ward-1 (2), MECL Bldg., Dr. No.138, Abhyankar Nagar, Baba Saheb Ambedkar Bhavan, vs. Nagpur – 440 022. Seminary Hills, Nagpur. Maharashtra. PIN – 440 006. PAN ACKPD2131P Maharashtra. (Appellant) (Respondent) For Assessee : -None- For Revenue : Shri Abhay Y. Marathe, Sr. DR Date of Hearing : 26.03.2024 Date of Pronouncement : 22.04.2024 ORDER
This assessee’s appeal for assessment year 2013-2014 arise against the National Faceless Appeal Centre [in short the “NFAC”] Delhi’s Din and Order No.ITBA/NFAC/S/250/2023- 24/1057268117(1) dated 20.10.2023, involving proceedings u/s.147 r.w.s.143(3) of the Income Tax Act, 1961 (in short “the Act”).
Case called twice. None appears at assessee’s behest. She is accordingly proceeded ex-parte.
It emerges during the course of hearing that the NFAC has noted the assessee’s continuous non-appearance in the lower appellate proceedings before rejecting the assessee’s long term capital gains deduction u/sec.54 of the Act to the tune of Rs.37,19,257/- vide impugned order under challenge. Shri Marathe
2 ITA.No.411/NAG./2023 could hardly dispute the clinching fact that the NFAC’s order has nowhere decided the assessee’s substantive ground on merits as contemplated u/sec.250(6) of the Act requiring it to give points for determination followed by a detailed adjudication thereof. Faced with the situation, I deem it appropriate in the larger interest of justice to restore the assessee’s instant appeal back to the NFAC for it’s afresh adjudication, preferably within three effective opportunities of hearing, subject to the rider that it shall be the taxpayer’s onus and responsibility only to file and prove all the relevant facts in consequential proceedings. Ordered accordingly.
This assessee’s appeal is allowed for statistical purposes in above terms.
Order pronounced in the open Court on 22.04.2024.
More judgments on Section 54
- Renu Arun Talwar, Mumbai vs Circle 17(1), MumbaiITA 204/MUM/2026[2012-13]Status: Disposed16 Oct 2026AY 2012-13
- Income Tax Officer, Ward-3(3)(2), Ahmedabad vs Manan Arati Patel, AhmedabadITA 923/AHD/2026[2022-23]Status: Disposed6 Oct 2026AY 2022-23
- Rohitbhai Jivrambhai Patel, Vadodara vs Income-Tax Officer, Ward 3(1)(2), VadodaraITA 679/AHD/2026[2018-19]Status: Disposed30 Sept 2026AY 2018-19
- Rohitbhai Jivrambhai Patel, Vadodara vs Income-Tax Officer, Ward 3(1)(2), VadodaraITA 679/AHD/2026[2018-19]Status: Disposed30 Sept 2026AY 2018-19
- Dy. Commissioner of Income… vs Thomas Myladiyil Augustine, AhmedabadITA 1131/AHD/2026[2022-23]Status: Disposed30 Sept 2026AY 2022-23
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