NARESH PUKHRAJ SHARMA,AMRAVATI vs. INCOME TAX OFFICER, WARD-4, AMRAVATI

PDF · subscribers
ITA 97/NAG/2023Status: DisposedITAT Nagpur19 April 2024AY 2014-15Bench: SHRI SATBEER SINGH GODARA (Judicial Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the appeal to the NFAC for fresh adjudication. The assessee was directed to file and prove all relevant facts in the consequential proceedings.

What were the facts?

The assessee's appeal for AY 2014-2015 was rejected ex-parte by the CIT(A) due to non-appearance. The CIT(A)'s order did not decide the substantive grounds of appeal on merits.

What were the issues?

Whether the CIT(A) properly adjudicated the appeal on merits when the assessee failed to appear, and if the ex-parte order was justified without deciding substantive grounds.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, NAGPUR “SMC” BENCH : NAGOUR

Before: SHRI SATBEER SINGH GODARA

Hearing: 26.03.2024Pronounced: 19.04.2024

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.97/NAG./2023 Assessment Year 2014-2015 Shri Naresh Pukhraj Sharma, Near Kalaram The Income Tax Officer, Mandir, Sarafa Bazar, Ward-4, Aayakar Bhawan, vs. Amravati - 444 601. Abapeth, Amravati Maharashtra. Maharashtra. PIN – 444 602. PAN ANMPS3409C (Appellant) (Respondent) For Assessee : Shri Rajesh V. Loya, C.A. For Revenue : Shri Abhay Y. Marathe, Sr. DR Date of Hearing : 26.03.2024 Date of Pronouncement : 19.04.2024 ORDER

This assessee’s appeal for assessment year 2014-2015 arise against the National Faceless Appeal Centre [in short the “NFAC”] Delhi’s Din and Order No.ITBA/NFAC/S/250/2022- 23/1049857481(1) dated 17.02.2023, involving proceedings u/s.143(3) of the Income Tax Act, 1961 (in short “the Act”).

Heard both the parties. Case file perused.

2.

It emerges during the course of hearing that the CIT(A) has noted the assessee’s continuous non-appearance in the lower appellate proceedings before rejecting the assessee’s contentions vide ex-parte order under challenge. Shri Marathe could hardly dispute the clinching fact that the CIT(A)’s order has nowhere decided the assessee’s substantive grounds on merits as 2 ITA.No.97/NAG./2023 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.

3.

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

Order pronounced in the open Court on 19.04.2024.

Recent GST High Court judgments

Search GST case law →