SWA ASHOKRAO BANKAR NAGARI SAHAKARI PATSANSTHA MARYADIT,PIMAPLGAON (B) vs. ITO WARD 1(1) NASHIK, GADKARI CHOWK, NASHIK

The assessee’s sole substantive grievance raised in the instant appeal is that both the learned lower authorities have wrongly disallowed its deduction claimed u/sec.80P(2)(e) of the Act of Rs.44,50,090/-; and the rectification order passed by the DDIT- CPC, Bengaluru dated 02.03.2023 u/sec.154 of the Act is an apparent mistake on record and in appeal, the NFAC had also not 2 ITA.No.77/PUN./2024 considered the submissions of the assessee and confirmed the order of the Assessing Officer. Shri Nayak, could hardly dispute the clinching fact that the learned 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 discussion 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.