Hosdurg Service Co-op. Bank Ltd. vs. The Income Tax Officer - TPS

Parties Involved

Facts Summary

This assessee’s appeal for A.Y. 2018-19 arises against the National Faceless Appeal Centre, Delhi [CIT(A)]’s DIN & Order No. ITBA/ NFAC/S/250/2023-24/1057077496(1) dated 16.10.2023 in proceedings u/s. 250 of the Income Tax Act, 1961 (the Act). Heard both parties. Case file perused. It emerges at the outset with the able assistance coming from both the parties that the CIT(A)/NFAC has passed exparte order confirming the Assessing Officer’s action making section 80P deduction disallowance without dealing with the relevant factual matrix as contemplated u/s. 250(6) of the Act requiring him to frame points of determination followed by a detailed discussion thereon. Faced with this situation, we deem it fit appropriate to restore the issue back to the Assessing Officer for his afresh verification and adjudication with the rider that it shall be the assessee’s risk and responsibility only to plead and prove all the related facts within three effective opportunities of hearing.…

Legal Issues

• 1. Whether the CIT(A)/NFAC passed an exparte order confirming the Assessing Officer’s action making section 80P deduction disallowance without dealing with the relevant factual matrix as contemplated u/s. 250(6) of the Act?

Judgment Outcome

Decided in favour of Assessee.

Similar Judgements

• Kanan Devan Hills Plantations Company Pvt. Ltd. vs. DCIT, Corporate Circle - 1(1) Kochi

  Cochin bench

• Maneklal Bhagavanji vs. The Income Tax Officer

  Cochin bench

• Velayudhanparambil Kumran Rajeevan vs. The Income Tax Officer

  Cochin bench

• Ayyappa Roller Flour Mills Ltd. vs. The Income Tax Officer

  Cochin bench

• Sajeendran Sadanandan vs. The Income Tax Officer

  Cochin bench

• ITA.Nos.61, 62 & 63/PUN/2022

  Pune bench