ITAT Remands Case for Fresh Hearing Due to NFAC's Non-Compliance with Section 250(6) Requirements

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The ITAT set aside the impugned order passed under section 250 by the NFAC, observing that the NFAC failed to comply with the mandatory requirements of section 250(6) of the Act by not stating the points of determination, its decisions thereon, and clear reasons for confirming the additions. Although the NFAC acted within the restrictions of section 251(1)(a) by adjudicating ex parte due to the assessee's non-compliance and absence of cogent evidence, it erred in merely confirming the assessment order without independent inquiry or reasoned findings. Consequently, the matter was remanded to the NFAC for de novo adjudication, directing it to provide the assessee no more than three opportunities to present its case and to pass a reasoned, speaking order in accordance with section 250(6). The ITAT refrained from expressing any view on the merits.....