AZAM ALI KHAN, Pune V. INCOME TAX OFFICER WARD 11(1) , PMT BUILDING SHANKARSETH ROAD

ITA 1071/PUN/2023

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 8502 (ITAT-PUNE)
• Duration Of Justice: 4 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-02-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2016-2017
• Appeal Filed On: 08-10-2023
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Department Lawyers: GAURAV K SINGH
• Keywords: Principle of natural justice

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE “SMC” BENCH : PUNE [VIRTUAL HEARING] BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER I.T.A.No.1071/PUN./2023 [E-APPEAL] Assessment Year 2016-2017 Shri Azam Ali Khan, Flat No.8 Giriel – B.S.No.68, Utopia Society Wanori, Pune – 411 040. PAN AIDPK2273N Maharashtra. vs. The Income Tax Officer, Ward – 11 (1), Income Tax Office, PMT Bldg., Shankarseth Road, Pune. Maharashtra. (Appellant) (Respondent) For Assessee : -None- For Revenue : Shri Gaurav K Singh Date of Hearing : 27.02.2024 Date of Pronouncement : 27.02.2024 ORDER PER SATBEER SINGH GODARA, J.M. : This assessee’s appeal for assessment year 2016-17, arises against the National Faceless Appeal Centre [in short the “NFAC”] Delhi’s Din and Order No. ITBA/NFAC/S/250/2023- 24/1054459557(1), dated 19.07.2023, involving proceedings u/s. 143(3) r.w.s.147 of the Income Tax Act, 1961 (in short “the Act”). Case called twice. None appears at assessee’s behest. He is accordingly proceeded ex-parte. 2. The assessee pleads the following substantive grounds in the instant appeal : 1. “On the facts and in the circumstances of the case and in law the lower authorities have gravely erred in making disallowance 2 ITA.No.1071/PUN./2023 of Rs.31,90,734/- for the interest paid by the assessee. The same may be allowed. 2. On the facts and in the circumstances of the case and in law the lower authorities have gravely erred in making Ad-hoc addition of Rs.11,50,000/- by disallowing the 50% expenses incurred by the appellant disregarding the claim of the appellant, the same may be allowed. 3. The appellant would like to leave, add. alter, amend, modify, delete, above grounds of appeal before or during the course of hearing in the interest of natural justice.” 3. Shri Gaurav Singh vehemently argued during the course of hearing that the both the learned lower authorities have rightly disallowed the assessee’s interest claim u/sec.57(iii) of the Act on account of the assessee’s failure only to file necessary re- conciliation between the interest income and the corresponding interest expenditure, before the Assessing Officer as well as the NFAC. The factual position is hardly stated to be any different regarding the second issue of expenses claimed of Rs.23 lakhs which has been partly accepted on adhoc basis to tune tune of Rs.11,50,000/- only. Mr. Singh prayed for upholding both the learned lower authorities action making the twin foregoing disallowances. 4. I have considered the assessee’s pleadings and Revenue’s foregoing vehement submissions at length. It indicates from the NFAC’s order that the assessee had filed some relevant details 3 ITA.No.1071/PUN./2023 regarding the foregoing twin issues, which in my considered opinion, have been omitted to be adjudicated by a detailed discussion as contemplated u/sec.250(6) of the Act requiring the CIT(A) to give 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 appeal back to the CIT(A)-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. 5. This assessee’s appeal is allowed for statistical purposes in above terms. Order pronounced in the open Court on 27.02.2024. Sd/- [SATBEER SINGH GODARA] JUDICIAL MEMBER Pune, Dated 27 th February, 2024 VBP/- 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.