HERALD PUBLICATION PVT. LTD,PANAJI V. ASSESSMENT UNIT, NFAC, DELHI

ITA 374/PAN/2025

AI Insights

The case involves Herald Publications Pvt Ltd, which appealed against the order of the National Faceless Appeal Centre/Commissioner of Income Tax (Appeals) concerning reassessment proceedings for the assessment year 2016-17. The assessee challenged the validity of the reassessment and the additions made by the Assessing Officer, which included unreported exports and disallowances under section 43B of the Income Tax Act. The CIT(A) had set aside the assessment order and restored the issues to the Assessing Officer for fresh adjudication without addressing the specific objections raised by the assessee regarding the reassessment proceedings. The Tribunal found merit in the assessee's arguments and provided an opportunity for a comprehensive re-evaluation of the case.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 848690 (ITAT-PANAJI)
• Duration Of Justice: 4 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-03-2026
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: Panaji
• Assessment Year: 2016-2017
• Appeal Filed On: 30-10-2025
• Laws Referred To: Income Tax Act
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: RIJULA UNIYAL.
• Assessee Lawyers: D. E. ROBINSON
• Keywords: Set aside; Reassessment proceedings; Principle of natural justice; TDS; Reason to believe
• Section: 147

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH PANAJI BEFORE SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER & SHRI G D PADMAHSHALI ACCOUNTANT MEMBER I T A. No.374/PAN/2025 (A.Y. 2016-17) Herald Publications Pvt Ltd, AG-6,Campal Trade Centre, Opp:Tajvivanta, B/H Mili, Panaji-403001, Goa. Vs . National e – Assessment Centre, Delhi-110001. . PAN: AAACH4580K (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) Assessee by Mr.D.E.Robinson.AR Revenue by Ms.Rijula Uniyal.Sr.DR सुनवाई की तारीख/Date of Hearing 11.03.2026 घोषणा की तारीख/Date of Pronouncement 27.03.2026 ORDER PER PAVAN KUMAR GADALE, JM: The appeal is filed by the assesse against the order of NFAC/CIT(A) passed u/sec 147 r.w.s 144 r.w.s144B of the Act and u/sec 250 of the Act. The assessee has raised the grounds of appeal challenging the order of the CIT(A) without adjudicating the ground of appeal on validity of reassessment proceedings. 2. At the time of hearing, the Ld.AR brought to the knowledge of the bench, that there is a delay in filing the appeal before the Hon’ble Tribunal and the assesse has filed the affidavit for condonation of delay. Whereas, the Printed from counselvise.com 2 ITA. No.374/PAN/2025 Herald Publication Pvt Ltd.. facts mentioned in the affidavit are reasonable and the Ld. DR has no specific objections. Accordingly, condone the delay and admit the appeal. 3. The brief facts of the case are that, the assessee company is engaged in a business as publisher of English daily newspaper and the assessee has not filed the return of income for A.Y.2016-17.The Assessing Officer (AO) based on the information from ITBA data /AIR and Form.no.26AS found that the assessee has made (i) remittance to non resident foreign company as per Form.15CA of Rs.1,75,92,738/-(ii) Bill of entry for imports as per custom import Rs.2,01,62,585/- and (iii)Payments to contractor u/sec194A of the Act of Rs.1,31,98,583/-(iv) shipping bill for export of Rs.17,83,105 and (v) Other interest u/sec194A of the Act as per TDS return of Rs,4,93,414/- during the F.Y2015-16. The Assessing Officer (A.O) has reason to believe that the income has escaped assessment and issued notice u/sec148 of the Act dated 27.03.2021 and further the A.O has issued notice u/sec142(1) of the Act to explain the transactions. 4. In compliance, the assessee has filed audited financial statements and tax audit report and explained that they were unable to file the return of income as the hard disk was seized by the police and subsequently suffered major fire accident and part of record were lost. The assessee has filed the income computation for A.Y.2016-17 of Rs.3,48,02,397/- in the reassessment proceedings. The Printed from counselvise.com 3 ITA. No.374/PAN/2025 Herald Publication Pvt Ltd.. A.O considered the submissions and explanations and made (i) addition of export of goods not forming part of audited financial statements of Rs,17,83,105/- and (ii) disallowance u/sec43B of the Act of Rs.7,67,795/- and finally assessed the total income of Rs.3,73,53,297/- and passed the order u/sec 147 r.w.s 144 r.w.s144B of the Act dated 29.03.2022. 5. Aggrieved by the order, the assesse has filed an appeal before the CIT(A), whereas the CIT(A) has considered the grounds of appeal, statement of facts,submissions and findings of the AO and has issued notices of hearing and since there was compliance by the assessee to notices. Therefore the CIT(A) considering the information on record observed that since the assessment was completed u/sec144 of the Act and relied on the provisions of section 251(1)(a) of the Act and has set-aside the assessment order and restore the issues to the file of the assessing officer for fresh adjudication. Aggrieved by the order of the CIT(A), the assessee has filed an appeal before the Hon'ble Tribunal. 6. At the time of hearing, the Ld.AR submitted that the CIT(A) has erred in restoring the issues to the file of the assessing officer for fresh adjudication and has not adjudicated the ground of appeal were the assessing officer has not passed the speaking order on the objections Printed from counselvise.com 4 ITA. No.374/PAN/2025 Herald Publication Pvt Ltd.. raised by the assessee on reasons recorded for reassessment. Further the Ld.AR mentioned that the assesse has a good case on merits and shall substantiate with the material evidences and prayed for an opportunity to explain before the authorities. Per Contra, the Ld.DR supported the order of the CIT(A). 7. We heard the rival submissions and perused the material on record. Prima-facie the CIT(A) has passed the order considering the fact that the assessment was completed u/sec144 of the Act and relied on the provisions of section 251(1)(a) of the Act and set-aside the assessment order and restore the issues to the file of the assessing officer for fresh adjudication. Whereas the Ld.AR submitted that the CIT(A) has not adjudicated the ground of appeal were the assessing officer has not passed the speaking order on the objections raised by the assessee on reasons recorded for reassessment. Whereas the assessee has raised grounds of appeal challenging the addition/ disallowance and also the A.O, erred in not disposing of objections filed by the assessee .Therefore, considering the facts, submissions and principles of natural justice, we shall provide with one more opportunity of hearing to the assessee to substantiate the legal ground of validity of reassessment proceedings and on merits. Accordingly, we set aside the order of the CIT(A) and remit the entire disputed issues to the file of the CIT(A) to adjudicate Printed from counselvise.com 5 ITA. No.374/PAN/2025 Herald Publication Pvt Ltd.. afresh and the assesse should be provided adequate opportunity of hearing and shall cooperate in submitting the information for early disposal of appeal. And we allow the grounds of appeal of the assessee as per the terms above. 8. In the result, the appeal filed by the assessee is partly allowed. Order pronounced in the open court on 27.03.2026. Sd/- Sd/- (GD PADMAHSHALI) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER Panaji Dated: 27/03/2026 Copy of the Order forwarded to: 1. The Appellant, 2. The Respondent 3. The CIT(A)- 4. CIT 5. DR, ITAT, 6. Guard file. //True Copy// BY ORDER, (Asstt. Registrar)ITAT, Panaji Printed from counselvise.com 6 ITA. No.374/PAN/2025 Herald Publication Pvt Ltd.. Date Initial 1. Draft dictated on PS 2. Draft placed before author PS 3. Draft proposed & placed before the second member PS 4. Draft discussed/approved by Second Member. PS 5. Approved Draft comes to the Sr.PS/PS PS 6. Kept for pronouncement on 7. File sent to the Bench Clerk 8. Date on which file goes to the AR 9. Date on which file goes to the Head Clerk. 10. Date of dispatch of Order. 11. Dictation Pad is enclosed Printed from counselvise.com "