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Non-Speaking Ex-Parte Order Set Aside: NFAC Failed to Apply Section 251(1) in 144 Assessment Appeal

Case Law Details

TaxGuru Citation
2025 taxguru.in 12004
Case Name
Jyoti Multipurpose Souharda Sangh Niyamit Vs ITO (ITAT Panaji)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2022-23
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Jyoti Multipurpose Souharda Sangh Niyamit Vs ITO (ITAT Panaji)

NFAC Ignored New s.251 Mandate— Best-Judgment Assessment Must Be Remanded- ITAT Panaji Sends 144 Assessment Back for De-Novo Redo

Assessee, a multipurpose co-operative society, filed return declaring NIL income. Scrutiny assessment was completed ex-parte u/s 144 on 20.03.2024 assessing total income at Rs.1,54,93,137/-. Aggrieved, Assessee appealed to NFAC. CIT(A)/NFAC issued three notices dated 12.08.2024, 11.02.2025 & 19.02.2025 through the ITBA portal, but due to non-appearance & non-compliance, NFAC dismissed the appeal ex-parte for non-prosecution without adjudicating merits.

Delay of 43 days in filing appeal before Tribunal was supported by affidavit & condoned in view of decisions in Vijay Vishin Meghani (398 ITR 250) & Collector, Land Acquisition v. Katiji (167 ITR 5).

Tribunal examined the amended statutory scheme of s.251(1) w.e.f. 01.10.2024. It held that when the assessment impugned before CIT(A) is a best-judgment assessment u/s 144, the newly inserted proviso mandates the first appellate authority to set aside the assessment & remand it to AO for de-novo assessment. Tribunal observed that NFAC completely overlooked this statutory mandate & instead dismissed the appeal for non-prosecution, which is not permissible in law.

Relying on the Supreme Court in Chandra Kishore Jha v. Mahavir Prasad (1999 8 SCC 266), Tribunal held that when statute prescribes a particular manner, it must be followed in that manner only. NFAC’s action also violated the requirement of a speaking order u/s 250(6). Tribunal therefore set aside the NFAC order & restored the appeal to its stage of institution with a direction to dispose it de-novo strictly in accordance with amended s.251 & to pass a reasoned order. Appeal allowed for statistical purposes.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,941

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