BOTRE V KACHI,PUNE vs. THE INCOME TAX OFFICER, WARD-2(1), PUNE
What did the Tribunal hold?
The Tribunal restored the appeal back 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 2017-2018 was rejected by the CIT(A) due to continuous non-appearance. The CIT(A)'s order did not decide the substantive grounds on merits.
What were the issues?
Whether the CIT(A) properly adjudicated the assessee's grounds on merits when passing an ex-parte order due to non-appearance.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE “A” BENCH : PUNE
Before: SHRI RAMA KANTA PANDA & SHRI SATBEER SINGH GODARA
2018, arises against the order of the National Faceless Appeal Centre [in short the “NFAC”] Delhi’s Din and Order No. ITBA/NFAC/S/250/2023-24/1059936397(1), dated 19.01.2024, in proceedings u/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 2 I.T.A.No. 499/PUN./2024 the lower appellate proceedings before rejecting the assessee’s contentions vide ex-parte order under challenge. Shri Murkunde could hardly dispute the clinching fact that the CIT(A)’s order has nowhere decided the assessee’s substantive grounds on merits as contemplated u/sec.250(6) of the Act requiring it to effectively framing any points of 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 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 04.06.2024 Sd/- Sd/- [R.K. PANDA] [SATBEER SINGH GODARA] ACCOUNTANT MEMBER JUDICIAL MEMBER Pune, Dated 04th June, 2024 VBP/-
3 I.T.A.No. 499/PUN./2024 Copy to
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