2026 (8) TMI 1566

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....ORDER PER G. D. PADMAHSHALI; This assessee's appeal is filed u/s 253(1) of the Income Tax Act, 1961 ['the Act'] challenging the DIN & Order No. ITBA/NFAC/S/250/2022-23/1044874720(1) dt. 23/08/2022 passed by National Faceless Appeal Centre, Delhi ['Ld. NFAC'] u/s 250 of the Act which emanated from the order of assessment framed u/s 143(3) r.w.s. 147 of the Act by the Income Tax Officer, Ward-....

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....after recording reasons and obtaining prior approval from the competent authority the case of the assessee vide notice 29/05/217 issued u/s 148 of the Act was reopened and consequential assessment was completed wherein twin addition viz; addition on account of deduction u/s 54B of the Act of Rs.82,82,600/- and addition on account of excess deduction claimed u/s 54 of the Act for Rs.6,32,277/- were....

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....erits & grounds of appeal we have heard the Ld. DR on former limited issue and subject to rule 18 of ITAT-Rules, 1963 perused the material placed on records and considered the facts in the light of settled position of law. We noted that, during the course of first appellate proceedings the Ld. NFAC issued as many as six notices over a period of two years which remained unattended. These all six no....

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.... 6. Further, in the case of 'Smt. Ritu Devi v. CIT' [2004, 141 Taxman 559 (Mad.)], their Hon'ble lordship have held that, time of just few days was given to the assessee to furnish reply which was also held as denial of real opportunity. Similarly in 'E. Vittal v. Appropriate Authority' [1996] 221 ITR 760 (AP), their Hon'ble lordships have held that where a decision is based upon a document in a p....