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2024 (10) TMI 1196

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..... DER PER G. D.PADMAHSHALI, AM; By present appeal, the assessee challenges DIN & order No. ITBA/NFAC/S/250/2022-23/1050800635(1) dt. 15/03/2023 passed u/s 250 of the Income-tax Act, 1961 ['the Act' hereinafter] by the National Faceless Appeal Centre ['Ld. CIT(A)/NFAC' hereinafter] which in turn confirmed the order of assessment passed u/s 143(3) of the Act by the Asstt. Commissioner of Income Tax .....

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..... ted issue ex-parte dismissal of appeal by the first appellate authority; and subject to provisions of rule 18 of 'ITAT Rules' perused material placed on record. We note that, the assessee is an individual who filed his return of income u/s 139(1) of the Act declaring total income Rs.30,73,000/- and agricultural income Rs.1,00,000/- . The case of the assessee was selected for scrutiny to verify the .....

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..... lted into ex-parte dismissal of appeal by the Ld. NFAC. 6. However, the affiliate dt. 18/05/2024 executed & filed by the assessee explaining the reasons of delay occurred in instituting the present appeal and reasons behind his non-compliance before first appellate authority capable of suggesting that such non-compliance was accidental & undeliberate. After vouching the reasons behind such accide .....

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..... the Ld. NFAC. In view hereof, without commenting on merits, we set-aside the impugned order and remit the matters back to the file of Ld. NFAC with a direction to adjudicate the subject matter a fresh in accordance with law after providing three effective opportunities to the appellant assessee. 8. The appeal in result is ALLOWED FOR STATISTCIAL PURPOSES. U/r 34 of ITAT Rules, order pronounced .....

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