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Delay Condoned ≠ Merits Heard: ITAT Mumbai Remands Faceless Appeal for Fresh Adjudication

Case Law Details

Case Name
Goldman Tapes Private Limited Vs ITO (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2018-19
Advertisement Goldman Tapes Private Limited Vs ITO (ITAT Mumbai) Delay Condoned ≠ Merits Heard: ITAT Mumbai Remands Faceless Appeal for Fresh Adjudication Mumbai ITAT (Bench ‘G’) held that once an appeal is admitted after condonation of delay, the assessee must be given a clear and effective opportunity to argue on merits. The Tribunal noted that in the faceless regime, the assessee had made submissions only on condonation of delay, under a bona fide belief that arguments on merits would be invited thereafter. However, the NFAC proceeded to decide the appeal on merits without granting...
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Author Info

CA RAJESH KUMAR
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangaluru, Karnataka
Articles Published: 41

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