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TMI Blog2023 (7) TMI 1442X X X X Extracts X X X X X X X X Extracts X X X X ..... of assessment year 2021-22 - NFAC allowed the grounds of appeal filed by the assessee - HELD THAT:- NFAC ought not to have granted the relief without calling for a remand report from the Assessing Officer/CPC. Thus, the order of the NFAC was passed in gross violation of principles of natural justice as well as without adverting to the full facts of the case. In the circumstances, we are of the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also a tax resident of USA filed the Return of Income for the assessment year 2021-22 on 21.10.2021 by claiming foreign tax credit of Rs. 4,32,10,256/- in terms of provisions of Income Tax Act, 1961 ( the Act ) read with India USA Double Tax Avoidance Agreement ( DTAA ). The due date for filing the return of income for the assessment year under consideration was stated to have extended upto 15.03. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , an appeal was filed before the NFAC with the delay. The NFAC condoned the delay and proceeded to dispose of the matter on merits and allowed the grounds of appeal filed by the assessee after referring certain judicial precedents. 3. Being aggrieved by the order of the NFAC, the Revenue is in appeal before us in the present appeal. 4. When the matter was called on, a petition for adjournment was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Therefore, the NFAC ought not to have granted the relief without calling for a remand report from the Assessing Officer/CPC. Thus, the order of the NFAC was passed in gross violation of principles of natural justice as well as without adverting to the full facts of the case. In the circumstances, we are of the considered opinion that ends of justice would be met if the order of the NFAC is set-as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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