VIDEHI SADGURU JAGANNATH MAHARAJ SANSTHAN ,YAVATMAL vs. INCOME TAX OFFICER, WARD-4, EXEMPATION, NAGPUR

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ITA 24/NAG/2023Status: DisposedITAT Nagpur17 April 2024AY 2017-18Bench: SHRI SATBEER SINGH GODARA (Judicial Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The tribunal restored the appeal back to the NFAC for fresh adjudication, providing the assessee with three effective opportunities to be heard. The delay in filing the appeal was condoned.

What were the facts?

The assessee's appeal was dismissed by the NFAC due to continuous non-appearance. The NFAC's order did not adjudicate the substantive grounds on merits. The assessee also had a delay of 20 days in filing the appeal.

What were the issues?

Whether the NFAC properly adjudicated the substantive grounds of appeal on merits when the assessee failed to appear. Whether the delay in filing the appeal should be condoned.

Which sections of the Income-tax Act were involved?

Section 154,Section 250(6)

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Income Tax Appellate Tribunal, NAGPUR “SMC” BENCH :NAGPUR [VIRTUAL HEARING]

Before: SHRI SATBEER SINGH GODARA

Hearing: 22.03.2024Pronounced: 17.04.2024

ORDER This assessee’s appeal for assessment year 2017-18, arises against the National Faceless Appeal Centre [in short the “NFAC”] Delhi’s Din and Order No. ITBA/NFAC/S/250/2022- 23/1046549792(1), dated 31.10.2022, involving proceedings u/s. 154 of the Income Tax Act, 1961 (in short “the Act”).

Case called twice. None appears at assessee’s behest. It is accordingly proceeded ex-parte.

2.

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 contentions vide impugned order under challenge. Mr. Marathe could hardly dispute the clinching fact that the NFAC’s order has nowhere decided the assessee’s substantive grounds on merits as 2 ITA.No.24/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.

Delay of 20 days in filing the instant appeal is condoned as per assessee’s solemn averments in light of Collector, Land Acquisition vs., MST Katiji [1987] 167 ITR 471 (SC) having settled the law long back that all such technical aspects must make a way for the cause of substantial justice.

4.

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

Order pronounced in the open Court on 17.04.2024.

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