2025 (2) TMI 1772

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....enue : Shri Shailendra Srivastava, Sr. DR ORDER PER M. BALAGANESH, A. M.: 1. The appeal in ITA No.183/AGR/2023 for AY 2017-18, arises out of the order of the National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as "ld. NFAC", in short] dated 19.10.2023 against the order of assessment passed u/s 154 of the Income-tax Act, 1961 (hereinafter referred to as "the Act") dated ....

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.... to be set aside 3 That while confirming the order, passed u/s 154 of Income tax Act, the CIT Appeal has completely ignored that the issue for invoking of provisions of 115BBE and charging the tax and surcharge thereof is subject matter of appeal, pending before CIT Appeals, till finalisation of the appeal pending with CIT(A) charging of surcharge u/s 154 is against the provisions of Inco....

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....th CIT(A), duly informed to CIT(A), learned CIT(A), ignoring the facts as above has confirmed the order of the AO passed U/s 154 of Income Tax Act. 6. That the order passed by CIT Appeal is liable to be set aside." 3. We have heard the rival submissions and perused the materials available on record. The assessee filed its return of income on 24-10-2017 for the Assessment Year 2017-18 d....

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.... The assessee preferred first appeal before the Learned NFAC which stood dismissed finding no infirmity in the rectification order of Learned AO. Aggrieved, the assessee had filed second appeal before us. 4. We find that the assessee is aggrieved only on the levy of surcharge of 25% on the enhanced rate of tax at 60% as per section 115BBE of the Act in the present appellate proceedings before u....