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Judgment
PER SATBEER SINGH GODARA, JM:
This assessee’s appeal for assessment year 2022-23 arises against the order of National Faceless Appeal Centre, Delhi dated 29.09.2025 (hereinafter referred as the ‘First Appellate Authority’) DIN and Order No. ITBA/NFAC/S/250/2025-26/1081296124(1), involving proceedings u/s 143(3) r.w.s 144B of the Income-tax Act, 1961, [hereinafter referred to as the ‘Act’] passed by the Assessment Unit, Income Tax Department for AY: 2022-23.
Heard both parties at length. Case file perused.
It transpire during the course of hearing that the assessee/appellant is aggrieved against both the Learned lower authorities action interalia treating its share capital/premium of Rs.6,76,72,921/- as well as unexplained investments in mutual funds and sales promotion expenditure etc. involving varying sums as not allowable in assessment order dated 19.03.2024 as upheld in the lower appellate discussion.
That being the case, we invited the assessee’s contention to para 5 at page 5 of the lower appellate discussion holding it not to have filed its complete details in support of its various factual and legal ground raised therein. Faced with this situation, learned counsel submits that the assessee had very much filed its submission in assessment followed by additional evidence before the CIT(A)/NFAC under Rule 46A of the Income Tax Rules. The fact however remains that no such details have been considered in the lower appellate discussion as contemplated u/s 250(6) of the Act.
We deem it proper in this factual backdrop to restore the assessee’s instant appeal back to the CIT(A)/NFAC with a direction that it shall file its entire evidence as well as additional evidence, if any, in consequential proceeding which shall follow a remand report to be obtained from the Assessing Officer within three effective opportunities of hearing at the taxpayer’s risk and responsibility only. We order accordingly. It is made clear that moreover the assessee fails to plead and prove its case in the given number of effective opportunities, our remand direction shall be stood vacated in above terms.
This assessee’s appeal is allowed for statistical purposes.