SATISH BABURAO DAHALE,PARBHANI vs. INCOME TAX OFFICER, WARD-1, PARBHANI, PARBHANI

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ITA 253/PUN/2024Status: DisposedITAT Pune17 April 2024AY 2011-12Bench: SHRI SATBEER SINGH GODARA (Judicial Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted that the CIT(A) did not decide the substantive grounds on merits as required by Section 250(6). Therefore, the appeal was restored to the NFAC for fresh adjudication.

What were the facts?

The assessee's appeal for AY 2011-12 was filed against an ex-parte order from the NFAC. The assessee did not appear before the lower appellate authority.

What were the issues?

Whether the CIT(A) properly adjudicated the substantive grounds of appeal on merits when passing an ex-parte order due to the assessee's non-appearance.

Which sections of the Income-tax Act were involved?

Section 144,Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE “SMC” BENCH : PUNE

Before: SHRI SATBEER SINGH GODARA

Hearing: 20.03.2024Pronounced: 17.04.2024

ORDER This assessee’s appeal for assessment year 2011-12, arises against the National Faceless Appeal Centre [in short the “NFAC”] Delhi’s Din and Order No. ITBA/NFAC/S/250/2023-24/ 1057844976(1), dated 09.11.2023, involving proceedings u/s.144 of the Income Tax Act, 1961 (in short “the Act”).

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

2.

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 contentions vide ex-parte order under challenge. Mr. Shirude could hardly dispute the clinching fact that the CIT(A)’s order has nowhere

1.

2 ITA.No.253/PUN./2024 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, I deem it appropriate in the larger interest of justice to restore the assessee’s instant appeal back to 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.

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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