VIJAY CHIMAJI SHINDE, PUNE V. Income Tax Officer, WARD- 4(5), Pune, PUNE

ITA 1060/PUN/2023

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 8518 (ITAT-PUNE)
• Duration Of Justice: 4 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-02-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2016-2017
• Appeal Filed On: 06-10-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GAURAV K SINGH
• Section: 147

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL PUNE “SMC” BENCH : PUNE : [VIRTUAL HEARING] BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER I.T.A.Nos.1060 & 1061/PUN./2023 [E-APPEALS] Assessment Years 2016-2017 & 2017-2018 Shri Vijay Chimaji Shinde, B-12, Suryawanshi Tower, Bhekrai Nagar, Parmar Parisar, Phursungi. Maharashtra. PIN – 412 307 PAN BSSPS8319F vs. The Income Tax Officer, Ward-4(5), PMT Bldg., Shankar Shet Road, Swargate, Pune – 411 037. Maharashtra. (Appellant) (Respondent) For Assessee : Shri Pramod S Shingte For Revenue : Shri Gaurav K Singh Date of Hearing : 26.02.2024 Date of Pronouncement : 26.02.2024 ORDER PER SATBEER SINGH GODARA, J.M. : These assessee’s twin e-appeals I.T.A.Nos.1060 & 1061/ PUN./2024, arise against the National Faceless Appeal Centre [in short the “NFAC”] Delhi’s as many Din and Order Nos. ITBA/NFAC/S/250/2023-24/1055249450(1) & 1055249522(1), both dated 18.08.2023, for assessment years 2016-2017 and 2017- 2018, respectively, involving proceedings u/s. 147 r.w.s. 144 of the Income Tax Act, 1961 (in short “the Act”). Heard both the parties at length. Case files perused. 2. It emerges at the outset with the able assistance coming from both the parties through their learned representatives that the NFAC’s order herein under challenge; upholding the Assessing 2 ITA.Nos.1061 & 1062/PUN./2023 Officer’s identical action making sec.2(22)(e) deemed dividend additions, involving varying sums have been passed ex-parte. 3. Learned counsel submitted that on account of lack of communication between the assessee, his auditor and the authorised representative in the lower appellate proceedings, he could not file all the supporting material which could assist the learned NFAC in better administration of justice. The Revenue could also not dispute that the NFAC's impugned lower appellate order(s) nowhere deal with the merits as contemplated u/sec.250(6) of the Act requiring it to frame points for determination followed by a detailed adjudication thereof. Faced with the situation, I deem it appropriate in the larger interest of justice to restore the assessee’s instant twin appeals back to the NFAC for it’s afresh adjudication preferably within three effective opportunities of hearing subject to the rider that it shall be the taxpayer’s onus and responsibility only to file and prove all the relevant facts in consequential proceedings. Ordered accordingly. 4. These assessee’s twin appeals are allowed for statistical purposes in above terms. A copy of this common order be placed in the respective case files. Order pronounced in the open Court on 26.02.2024. Sd/- [SATBEER SINGH GODARA] JUDICIAL MEMBER Pune, Dated 26 th February, 2024 VBP/- 3 ITA.Nos.1061 & 1062/PUN./2023 Copy to 1. The appellant 2. The respondent 3. The NFAC, Delhi. 4. The Pr. CIT, Pune concerned 5. D.R. ITAT, “SMC” Bench, Pune. 6. Guard File. //By Order// //True Copy // Assistant Registrar, ITAT, Pune Benches, Pune.