SOMNATH SHINDE,SOLAPUR vs. INCOME TAX OFFICER WARD 2 PANDHARPUR, PANDHARPUR

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ITA 1224/PUN/2023Status: DisposedITAT Pune11 March 2024AY 2017-18Bench: SHRI SATBEER SINGH GODARA (Judicial Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The tribunal held that the NFAC order failed to decide the substantive grounds on merits and did not provide points for determination with detailed discussion. Therefore, the appeal was restored to the NFAC for fresh adjudication.

What were the facts?

The Assessing Officer made an addition of Rs. 22,30,664/- assuming the deposits were not from business income. The National Faceless Appeal Centre (NFAC) passed an ex-parte order without providing a proper opportunity for hearing.

What were the issues?

Whether the NFAC order was passed without providing a proper opportunity of hearing and without deciding the substantive grounds on merits.

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: 11.03.2024Pronounced: 11.03.2024

ORDER PER SATBEER SINGH GODARA, J.M. : This assessee’s appeal for assessment year 2017-2018, arises against the National Faceless Appeal Centre [in short the “NFAC”] Delhi’s Din and Order No. ITBA/NFAC/S/250/2023- 24/1056634253(1), dated 28.09.2023, involving proceedings u/s.144 of the Income Tax Act, 1961 (in short “the Act”).

Heard both the parties. Case file perused.

2.

It emerges during the course of hearing with the able assistance coming from both the sides against and in favour of the assessee that the learned Assessing Officer had made the impugned addition of Rs.22,30,664/- on assumption ignoring the fact that the said deposits are made out of the business of the assessee and income on same has already been offered to tax and during lower

1.

2 ITA.No.1224/PUN./2023 appellate proceedings, the NFAC without giving proper opportunity of hearing passed the impugned ex-parte order. Shri Sandbhor pleaded that one more opportunity be given to the assessee to put- forth his grievances before the NFAC. Smt. Neha 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.

3.

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

Order pronounced in the open Court on 11.03.2024.

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