2024 (6) TMI 985

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..... his assessee's appeal for assessment year 2018-19 arises against the National Faceless Appeal Centre (NFAC), Delhi's order dated 07.07.2022, passed in DIN & Order No. ITBA/NFAC/S/250/2022- 23/1043760092(1), in proceedings u/s. 250 of the Income Tax Act, 1961; in short "the Act". Heard both the parties at length. Case file perused. 2. It emerges at the outset that the assessee's instant appeal ra .....

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..... a similar plea in section 260A proceedings. Mr. Murkunde further sought to buttress the point that the learned lower authorities have duly considered the assessee's explanation(s) in the penalty order as well as in the impugned lower appellate discussion and therefore, it could not be taken as a case wherein any prejudice would be held to have been caused to him. 4. We have given our thoughtful c .....

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..... vestigation on facts, is already settled in NTPC Ltd. Vs. CIT (1998) 229 ITR 383 (SC). That being the case, we are of the considered view that going by the foregoing judicial precedent, this tribunal is very much entitled to entertain and decide such a pure legal plea for the first time in section 254(1) proceedings. We accordingly reject the Revenue's instant technical arguments to conclude in li .....

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