TMI Blog2023 (1) TMI 984X X X X Extracts X X X X X X X X Extracts X X X X ..... sentation, the Ld. NFAC adjudicated the matter by an order dt. 02/05/2022 i.e. well before the expiry of time period allowed to the appellant to refute its case on the basis of evidentiary documents, which evidently is violative of basic principle natural justice and for the reason concurring with DR, we find merit in the ground number 3 raised by the appellant; consequently the matter deserves to be remanded back to the file of Ld. NFAC for de-nova adjudication with a direction to observe the principle of natural justice by effectively providing reasonable opportunity to the appellant to make representation in rebuttal, ergo ordered accordingly. Appeals of the appellant assessee is allowed for statistical purposes. - ITA No. 604 to 609/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e average rate of tax on annual estimated income as per section 192 of the Act. Ground No. 2 The learned assessing officer has erred in treating the Appellant as an assessee in default under section 201(1) of the Act for non-deduction of TDS on monthly accrual basis without appreciating the fat that the commission / performance incentive bonus is paid / provided on annual basis as per the directors agreement board resolution. Ground No. 3 The Hon ble Commissioner of Income-tax (Appeals), National Faceless Appeal Centre has passed the order on 2 June 2022 under section 250 of the Act before the due date of filing the submission (6 June 2022) in response to the hearing notice dated 26 May 2022. The Appellant has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has alleged the violation of principle of audi alteram partem , for the reasons case deserves to be remanded back to the file of NFAC. 6. After hearing to the rival contentions of both the parties; and subject to the provisions of rule 18 of Income Tax Appellate Tribunal Rules, 1963 [for short ITAT, Rules ] perused the material placed on records and duly considered the facts of the case in the light of settled legal position and the case laws relied upon by the appellant assessee as well the respondent revenue. 7. Without touching the merits of the case, we note that, the Ld. NFAC by service of notice dt. 26/05/2022 called upon the appellant to substantiate its claim by 06/06/2022, however before the expiry of said notice period acc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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