VALUE 4 MONEY FINANCIAL SERVICES,VADODARA vs. INCOME TAX OFFICER, WARD-3(1)(3), VADODARA (NOW ITO, WARD 3(1)(4), VADODARA), VADODARA

The instant appeal filed at the instance of the assessee is directed against the order dated 29.09.2023 passed by the National Faceless Appeal Centre (NFAC), Delhi, arising out of the order dated 18.12.2018 passed by the ITO, Ward-3(1)(3), (Value 4 Money Financial Services. vs. ITO) A.Y.– 2016-17 - 2 – Vadodara, under Section 143(3) of the Income Tax Act, 1961, (hereinafter referred to as ‘the Act’) for Assessment Year 2016-17.

The appellant has come up in appeal against the order passed by the NFAC, Delhi dated 29.09.2023 for A.Y. 2016-17 which is admittedly ex parte one. In fact, the appellant was issued notice only on 12.09.2023 informing the date of hearing of the matter on 19.03.2023. Before that the matter was fixed for hearing on 25.03.2021 by and under the notice dated 15.03.2021, which was during the Covid period and hence, the matter could not be represented by the appellant’s counsel before the Ld. CIT(A). She, therefore, prays for setting aside the issue to the file of the Ld. CIT(A) for adjudication of the issue afresh which with all his fairness not being controverted by the Ld. DR.

Having heard the Ld. Counsels appearing for the parties and having regard to the facts and circumstances of the case, particularly, the order impugned, from where it reflects that no proper opportunity of being heard to the appellant was given, and therefore, in order to prevent the miscarriage of justice, we set aside the issue to the file of the Ld. CIT(A) for considering the same afresh on merit and to pass a reasoned order upon granting an opportunity of being heard to the (Value 4 Money Financial Services. vs. ITO) A.Y.– 2016-17 - 3 – assessee and considering the evidence on record or any other evidence which the assessee may choose to file at the time of hearing of the matter. The Ld. CIT(A) is directed to pass order strictly in accordance with law.

In the result, the appeal preferred by the assessee is allowed for statistical purposes.