RAJANI RATNAKAR KULKARNI , ICHALKARANJI vs. ITO, WARD-1, ICHALKARANJI, ICHALKARANJI
What did the Tribunal hold?
The Tribunal found that the CIT(A) failed to comply with Section 250(6) of the Act. Therefore, the appeal was allowed for statistical purposes to restore the substantive grounds to the CIT(A) for fresh adjudication.
What were the facts?
The assessee's appeal for AY 2014-15 was decided ex-parte by the CIT(A) without following the mandatory procedure of framing points of determination and providing a detailed adjudication. The Assessing Officer had initiated reassessment proceedings under Section 147/148.
What were the issues?
Whether the CIT(A) order passed ex-parte without adhering to the procedural requirements of Section 250(6) is valid. Whether the reassessment proceedings initiated under Section 147/148 were properly adjudicated.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE
Before: SHRI S.S. GODARA & SHRI G.D. PADMAHSHALI
Assessee by Shri Kishor B Phadke Revenue by Shri Sourabh Nayak, Addl.CIT Date of hearing 21-05-2024 Date of pronouncement 27-05-2024 आदेश / ORDER
PER S.S. GODARA, JM :
This assessee‟s appeal for AY 2014-15 arises against the NFAC, Delhi‟s order dated 10-01-2024 passed in case No. ITBA/NFAC/S/250/2023-24/1059564183(1) in proceedings under Section 250 of the Income Tax Act, 1961, in short „the Act‟.
Heard both the parties. Case file perused.
It emerges at the outset with the able assistance coming from both the parties that the learned CIT(A)‟s lower appellate order affirming the Assessing Officer‟s action inter-alia initiating section 148/147 proceedings followed by corresponding quantum addition(s) in his re-assessment dated 22.03.2022, has been passed ex-parte. And that too, without having complied with the rigor of section 250(6) of the Act requiring him to first frame points of determination followed by a detailed adjudication thereupon.
Mr. Nayak vehemently argued that the assessee has been non-cooperative all along in light of CIT(A)‟s tabulation of various show cause notices in para 4.1 page 7 of the lower appellate order. Be that it may, he fails to rebut the foregoing factual position of non compliance to section 250(6) hereinabove. Faced with the situation, we deem it appropriate in the larger interest of justice to restore the assessee‟s various substantive grounds raised in the instant appeal back to learned CIT(A) for his afresh appropriate adjudication as per law within three effective hearings, shall be subject to a rider that it shall be his/her risk and responsibility only to plead and prove all the relevant facts in consequential proceedings.
This assessee‟s appeal is allowed for statistical purposes in above terms.
Order pronounced in the Open Court on 27th May, 2024.
Sd/- Sd/- (G.D. PADMAHSHALI) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER पुणे Pune; ददिधांक Dated : 27th May, 2024 GCVSR आदेश की प्रतिलिपि अग्रेपिि/Copy of the Order is forwarded to: अपीऱधर्थी / The Appellant; 1. प्रत्यर्थी / The Respondent; 2. 3. The concerned Pr.CIT(A), Pune विभागीय प्रविविवि, आयकर अपीलीय अविकरण, पुणे “B” / 4. DR „B‟, ITAT, Pune गार्ड फाईल / Guard file 5. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अविकरण ,पुणे / ITAT, Pune
Date 1. Draft dictated on 21-05-2024 Sr.PS 2. Draft placed before author 22-05-2024 Sr.PS 3. Draft proposed & placed before the JM second member 4. Draft discussed/approved by Second JM Member. 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order.
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
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