DECCAN PLATEAU PROJECTS PRIVATE LIMITED,PUNE V. DCIT, CIRCLE-1(1), PUNE, PUNE

ITA 1254/PUN/2025

AI Insights

The case involves Deccan Plateau Projects Private Limited, which appealed against the order of the National Faceless Appeal Centre (NFAC), Delhi, concerning an assessment order that added Rs. 50 lakh to their income under section 68 of the Income Tax Act, 1961. The addition was based on the receipt of an advance from M/s. Sarvottam Finvest Ltd., alleged to be a paper entity. The assessee contended that they were not given a proper opportunity to be heard, violating the principles of 'Audi Alteram Partem'. The Tribunal found merit in the assessee's plea for a fair hearing and remitted the matter back to the CIT(A) for a detailed examination.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 783386 (ITAT-PUNE)
• Duration Of Justice: 5 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-11-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 15-05-2025
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AJITESH MEENA
• Assessee Lawyers: SACHIN KUMAR
• Keywords: Opportunity of being heard; Reasonable cause; Reassessment proceedings; Audi alteram partem
• Section: 142(1); 68

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES “SMC”, PUNE BEFORE DR.MANISH BORAD, ACCOUNTANT MEMBER आयकर अपील सं. / ITA No.1254/PUN/2025 Assessment Year : 2013-14 Deccan Plateau Projects Private Limited, 602, Pulachiwadi, Ruchi Apartments, Deccan Gymkhana, Pune 411004 Maharashtra PAN : AAFCM4226Q Vs. DCIT, Circle-1(1), Pune Appellant Respondent आदेश / ORDER The captioned appeal at the instance of assessee pertaining to Assessment Year 2013-14 is directed against the order dated 25.03.2025 of National Faceless Appeal Centre (NFAC), Delhi emanating out of Assessment order dated 22.09.2021 passed u/s.147 r.w.s.144 r.w.s.144B of the Income Tax Act, 1961. 2. Though the assessee has raised as many as 12 grounds of appeal but through Ground No.2 it has been raised that ld. CIT(A) has passed the impugned order without giving opportunity of being heard and thus violating the principles of “Audi Alteram Partem”. Appellant by : Shri Sachin Kumar (through virtual) Respondent by : Shri Ajitesh Meena Date of hearing : 16.10.2025 Date of pronouncement : 03.11.2025 Printed from counselvise.com ITA No.1254/PUN/2025 Deccan Plateau Projects Private Limited 2 3. At the outset, ld. Counsel for the assessee submitted that ld. Assessing Officer erred in invoking section 68 of the Act for the sum of Rs.50.00 lakh received from M/s. Sarvottam Finvest Ltd. He submitted that details shall be filed before ld.CIT(A) if an opportunity is granted by remitting the issues raised in the instant appeal. 4. I have heard the rival contentions and perused the record placed before me. I observe that the assessee is a Private Limited Company and declared loss of Rs.7,50,302/- in the return of income for A.Y. 2013-14 filed on 29.09.2013. Case of the assessee selected for reassessment proceedings on the basis of information in the possession of the Department that assessee has received an advance of Rs.50.00 lakh from alleged paper entity namely M/s. Sarvottam Finvest Ltd. After serving of valid statutory notices u/s.143(2) and 142(1) of the Act assessee failed to furnish the requisite details before ld. Assessing Officer as a result of which addition u/s.68 of the Act at Rs.50.,00 lakh was made and income assessed at Rs.42,49,698/-. Assessee challenged the addition before ld.CIT(A) but could not succeed. 5. Before me, ld. Counsel for the assessee has only prayed that sufficient opportunity was not granted by ld.CIT(A) to furnish the details which were required to explain the nature and source of the alleged sum. In other words, assessee wanted to furnish evidence to prove the Identity and Creditworthiness of the cash creditor and genuineness of the transaction so that section 68 of the Act is not invoked. Considering the prayer of the assessee and in the larger interest of justice being fair to both the parties, I deem it Printed from counselvise.com ITA No.1254/PUN/2025 Deccan Plateau Projects Private Limited 3 proper to provide one more opportunity to the assessee by remitting back the issues raised in the instant appeal to the file of ld. CIT(A) for afresh adjudication. Needless to mention that ld.CIT(A) shall grant reasonable opportunity to the assessee and if required may call for a remand report from the ld. Jurisdictional Assessing Officer. After obtaining the comments from the assessee, then ld.CIT(A) shall decide the issue in accordance with law. Assessee is also directed to remain vigilant and not to take adjournment unless otherwise required for reasonable cause. Effective grounds raised by the assessee are allowed for statistical purposes. 6. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on 03.11.2025. Sd/- (MANISH BORAD) ACCOUNTANT MEMBER पुणे / Pune; \u0001दनांक / Dated : 03rd November, 2025. Satish आदेश क\u0002 \u0003ितिलिप अ ेिषत / Copy of the Order forwarded to : 1. अपीलाथ / The Appellant. 2. \u000eयथ / The Respondent. 3. The Pr. CIT concerned. 4. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, “SMC” ब\u0014च, पुणे / DR, ITAT, “SMC” Bench, Pune. 5. गाड\u0004 फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune. Printed from counselvise.com "