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958 orders · Page 20 of 20
The Tribunal noted the Revenue's inability to trace the assessee or serve notice on them. Consequently, the Tribunal dismissed the appeals, granting liberty to the Revenue to seek revival if the assessee is eventually located.
The Tribunal noted the Revenue's inability to trace the assessee for service of notice. Since there was no representation from the assessee and no reasonable possibility of serving the notice, the appeals were dismissed.
The Tribunal upheld the CIT(A)'s decision to delete the disallowance of interest expenditure, finding no material to establish nexus with non-business purposes. Similarly, additions under Section 68 and to business income were deleted based on the CIT(A)'s detailed findings regarding the genuineness of loans and reconciliation of purchase figures.
The Tribunal found that the CIT(A) had provided an exhaustive and speaking order regarding the additions made under Sections 69A and 69C. The Tribunal agreed with the CIT(A)'s findings and dismissed the assessee's appeal on these grounds.
The Tribunal found that neither the Assessing Officer nor the CIT(A) had adequately rebutted the details and documents filed by the assessee. Therefore, the matter was remanded back to the Assessing Officer for verification.
The Tribunal held that the CIT(A) had passed an ex-parte appellate order, and it appeared that the assessee's replies were not considered, constituting a breach of the principles of natural justice. The Tribunal also noted that the CIT(A) passed the order in contravention of CBDT notification dated 13th October, 2022, which specified the appellate authority for cases arising from Transfer Pricing Orders. Both parties agreed that the matter should be restored to the CIT(A) for fresh adjudication. Therefore, the Tribunal set aside the CIT(A)'s appellate order dated 17th September, 2025, and restored the matter to the file of the CIT(A) for fresh adjudication on merits, after giving the assessee a proper opportunity of being heard in accordance with the principles of natural justice and in line with the CBDT notification. The appeal was allowed for statistical purposes.
The Tribunal found that the evidence, documents, and submissions filed by the assessee were not properly considered by the Assessing Officer and the CIT(A). Therefore, the case was remanded back to the Assessing Officer for fresh adjudication.
The tribunal held that the NFAC's dismissal of the appeal in limine without providing an opportunity to file a condonation application was against natural justice principles. The matter was restored to the NFAC for fresh consideration.