SIDARAY NAMDEV BIRADAR ,PUNE vs. INCOME TAX OFFICER, WARD-6(1), PUNE, PUNE

It emerges during the course of hearing that the NFAC has passed impugned ex-parte order without issuing notice to the assessee. Thus the NFAC has failed to provide any sufficient cause or cogent reason as per sec.249(3) of the 2 ITA.No.65/PUN./2024 Act thereby dismissed the appeal of the assessee. Mr. Mehta could hardly dispute the clinching fact that the 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 this 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.

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