Smt. Shubdha Bhaskar Mane, Pune V. The Income Tax Officer, Ward-6(1), Pune

ITA 1186/PUN/2023

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 8403 (ITAT-PUNE)
• Duration Of Justice: 3 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-03-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 03-03-2024
• Assessment Year: 2017-2018
• Appeal Filed On: 09-11-2023
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Department Lawyers: BASAVARAJ HIREM ATH
• Assessee Lawyers: P C PATIL

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.1186/PUN./2023 [E-APPEAL] Assessment Year 2017-2018 Smt. Shubdha Bhaskar Mane, S.No.14/6/2, Flat No.1, Shitali Partment, Anand Nagar, Vadgaon, Pune – 411 041. PAN ASOPM6812G Maharashtra. vs. The Income Tax Officer, Ward – 6 (1), PMT Bldg., Shankar Seth Road, Pune – 411 037. Maharashtra. (Appellant) (Respondent) For Assessee : Shri P C Patil For Revenue : Shri Basavaraj Hiremath Date of Hearing : 04.03.2024 Date of Pronouncement : 04.03.2024 ORDER PER SATBEER SINGH GODARA, J.M. : This assessee’s appeal for assessment year 2017-18, arises against the National Faceless Appeal Centre [in short the “NFAC”] Delhi’s Din and Order No.ITBA/NFAC/S/250/2023- 24/1056420892(1), dated 22.09.2023, involving proceedings u/s. 143(3) of the Income Tax Act, 1961 (in short “the Act”). [[[ Heard both the parties. Case file perused. 2. The assessee pleads the following substantive grounds in the instant appeal : 2 ITA.No.1186/PUN./2023 3 ITA.No.1186/PUN./2023 4 ITA.No.1186/PUN./2023 5 ITA.No.1186/PUN./2023 3. Shri Patil vehemently argued that both the learned lower have wrongly made the impugned addition(s) u/sec.69A r.w.s.115BBE of the Act to the tune of Rs.28.93 lakhs and after estimation of income thereby rejected the books u/sec.145(3) amounting to Rs.22,04,415/-; respectively. The Revenue could hardly dispute that the NFAC’s lower appellate discussion has nowhere adjudicated the assessee’s foregoing twin substantive grievances in tune with sec.250(6) of the Act requiring it to frame points of determination followed by a detailed adjudication thereupon. It has simply brushed aside the assessee’s pleadings in otherwords. Faced with the situation, I deem it appropriate in the larger interest of justice to restore the assessee’s instant grounds 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. This assessee’s appeal is allowed for statistical purposes in above terms. Order pronounced in the open Court on 04.03.2024. Sd/- [SATBEER SINGH GODARA] JUDICIAL MEMBER Pune, Dated 04 th March, 2024 VBP/- 6 ITA.No.1186/PUN./2023 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 // Assistant Registrar, ITAT, Pune Benches, Pune.