2024 (6) TMI 985

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....nde ORDER PER S.S. GODARA, JM : This 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 th....

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....T (2024) 158 taxmann.com 341 (Bombay) rejecting 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 c....

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....tion of law, not requiring any further detailed investigation 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 Reven....