TULJABHAWANI DEVELOPERS,PUNE vs. ITO WARD 9(3) PUNE, PUNE
What did the Tribunal hold?
The Tribunal restored the appeal to the CIT(A)-NFAC for fresh adjudication. The assessee is responsible for filing and proving all relevant facts in the consequential proceedings.
What were the facts?
The assessee's appeal for AY 2018-2019 was rejected by the CIT(A)-NFAC due to non-appearance. The CIT(A)'s order was ex-parte and did not decide the substantive grounds 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 order complied with the requirements of Section 250(6) of the Act.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE “B” BENCH : PUNE
Before: SHRI SATBEER SINGH GODARA & SHRI INTURI RAMA RAO
short the “NFAC”] Delhi’s Din and Order No. ITBA/NFAC/S/ 250/2024-25/1063831671(1), dated 01.04.2024, in proceedings u/s. 147 r.w.s. 144 of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties. Case file perused.
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
2 ITA.No.1127/PUN./2024 contentions vide ex-parte order under challenge. Shri Arvind could hardly dispute the clinching fact that the CIT(A)-NFAC’s order has nowhere decided the assessee’s substantive grounds 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, we deem it appropriate in the larger interest of justice to restore the assessee’s instant appeal back to the CIT(A)-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 05.09.2024.
Sd/- Sd/- [INTURI RAMA RAO] [SATBEER SINGH GODARA] ACCOUNTANT MEMBER JUDICIAL MEMBER Pune, Dated 05th September, 2024 VBP/-
3 ITA.No.1127/PUN./2024 Copy to
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
Recent GST High Court judgments
Search GST case law →- Marico Limited vs. Shree Uday Oil And Food Industries LLPDelhi · 3 Nov 2026
- Laborate Pharmaceuticals INDIA Limited vs. M/S Jmbs Healthcare Through Its PartnersDelhi · 3 Nov 2026
- Pharmed Limited vs. Best Biotech & Ors.Delhi · 3 Nov 2026
- Kbb Nuts PVT. Limited vs. Mr. Suresh Chand & Ors.Delhi · 3 Nov 2026
- Amritsar Haveli Cuisines Private Limited & Anr. vs. Amarbir Singh & Ors.Delhi · 3 Nov 2026