BHARAT MILLING INDUSTRIES, NASHIK V. Asst. Director of Income Tax, CPC, Bengaluru

ITA 105/PUN/2024

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 3237 (ITAT-PUNE)
• Duration Of Justice: 2 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-03-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2021-2022
• Appeal Filed On: 16-01-2024
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Keywords: TDS

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE “SMC” BENCH : PUNE [VIRTUAL HEARING] BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER आयकर अपील सं. /ITA No.105/PUN/2024 नधा रण वष / Assessment Year : 2021-22 Bharat Milling Industries, A-15, Nice, MIDC Area, Satpur – 422 007 Maharashtra PAN : AACFB4343H vs. ADIT, CPC, Bengaluru (Appellant) (Respondent) For Assessee : None For Revenue : Shri Sourabh Nayak Date of Hearing : 14.03.2024 Date of Pronouncement : 27.03.2024 ORDER PER SATBEER SINGH GODARA, J.M. : This assessee’s appeal for assessment year 2021-22, arises against the National Faceless Appeal Centre [in short the “NFAC”] Delhi’s Din and Order No.ITBA/NFAC/S/250/2023-24/1058111737(1), dated 21.11.2023, involving proceedings u/s.154 r.w.s.143(1) of the Income Tax Act, 1961 (in short “the Act”). Case called twice. None appears at assessee’s behest. It is accordingly proceeded ex parte. 2. Mr. Nayak vehemently argued during the course of hearing that the learned NFAC has rightly refused to condone the 227 days delay in filing of the lower appeal against the impugned intimation by the CPC dated 2 ITA.No.105/PUN/2024 Bharat Milling Industries 13.12.2022 u/s.154 r.w.s.143(1) of the Act. He could hardly rebut the clinching fact that there is no indication in the learned NFAC’s order inter alia throwing sufficient light on the relevant hearing notices sent/served on the assessee enabling it to explain the impugned delay stated to be attributable to communication gap(s) at various levels. And also that there is no adjudication on merits regarding the allowability of remuneration admissible to partners and TDS credit claim etc; as the case may be. Faced with this situation, I hereby condone the above stated delay in filing of the lower appeal and direct the learned NFAC to proceed with the assessee’s grounds herein afresh as per law which may be concluded within three effective opportunities of hearing. 3. In the result, this assessee’s appeal is allowed for statistical purposes. Order pronounced in the open Court on 27 th March, 2024. Sd/- [SATBEER SINGH GODARA] JUDICIAL MEMBER Pune, Dated : 27 th March, 2024 Satish 3 ITA.No.105/PUN/2024 Bharat Milling Industries Copy to : 1. The appellant 2. The respondent 3. The Pr. CIT, Pune concerned 4. D.R. ITAT, “SMC” Bench, Pune. 5. Guard File. / /By Order // //True Copy // Sr. Private Secretary, ITAT, Pune Benches, Pune.