M/s Vrahttakar Sahkari Samiti My., Gauharganj V. The NFAC, Delhi

ITA 178/Ind/2023

• Counselvise Citation: [2023] 102 COUNSELVISE.COM (IT) 0519 (ITAT-INDORE)
• Duration Of Justice: 5 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-10-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 25-10-2023
• Assessment Year: 2018-2019
• Appeal Filed On: 07-05-2023
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Keywords: Set aside
• Section: 143(3); 80P

Judgement Text

Page 1 of 3 आयकर अपीलȣय अͬधकरण, इंदौर Ûयायपीठ, इंदौर IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI B.M. BIYANI, ACCOUNTANT MEMBER ITA No. 178/Ind/2023 Assessment Year: 2018-19 M/s.Vrahttakar Sahkari Samiti Mydt., Gauhjarganj, ArjunNagar, Sagar Road, Raisen बनाम/ Vs. N.F.A.C., Delhi (Assessee / Appellant) (Revenue / Respondent) PAN: AAAAV6241M Assessee by Shri S.N.Agrawal, AR Revenue by Shri Ashish Porwal, Sr. DR Date of Hearing 26.10.2023 Date of Pronouncement 26.10.2023 आदेश / O R D E R Per B.M. Biyani, A.M.: Feeling aggrieved by appeal-order dated 10.03.2023 passed by learned Commissioner of Income-Tax (Appeals)-NFAC, Delhi [“CIT(A)”], which in turn arises out of assessment-order dated 21.04.2021 passed by learned National e-Assessment Centre, Delhi [“AO”] u/s 143(3) read with section 144B of Income-tax Act, 1961 [“the Act”] for Assessment-Year [“AY”] 2018-19, the assessee has filed this appeal. Vrahttakar Sahkari Samiti Mydt., Raisen vs. NFAC Delhi I.T.A.No. 178/Ind/2023 - AY 2018-19 Page 2 of 3 2. Heard the learned Representatives of both sides and case-records perused. 3. Ld. AR carried us to assessment-order and submitted that while framing assessment, the AO has disallowed deduction of interest expenditure of Rs. 33,21,866/- claimed by assessee to have been paid to District Co-operative Bank, for the reasoning that the assessee did not file details and evidences. Ld. AR submitted that the assessee has filed complete details with supporting evidences at Page No. 41-91 of Paper-Book. Then, Ld. AR also submitted that the assessee is entitled to deduction u/s 80P and even otherwise the AO is not justified in simply making disallowance of interest and computing the total income of assessee without correspondingly increasing the amount of deduction u/s 80P. 4. Then, Ld. AR drew us to the order of CIT(A) and submitted that the CIT(A) has dismissed first-appeal for non-prosecution, though due to non- appearance by assessee but without following the mandate of section 250(6) of the Income-tax Act, 1961 which provides “The order of the Commissioner (Appeals) disposing of the appeal shall be in writing and shall state the points for determination, the decision thereon and the reason for the decision.”. Therefore, the impugned order of first-appeal passed by CIT(A) deserves to be set aside and the matter is fit for remand to lower-authorities. 5. After discussions, a consensus was reached to send this case to the file of AO so that the issues of assessee cannot be aptly resolved. Therefore, Vrahttakar Sahkari Samiti Mydt., Raisen vs. NFAC Delhi I.T.A.No. 178/Ind/2023 - AY 2018-19 Page 3 of 3 we deem it fit to remand this matter back to the file of AO for a fresh adjudication after proper verification and examination of the documents submitted by assessee in support of payment of interest in question. The AO shall give needful opportunities of hearing to assessee and the assessee is also directed to ensure participation in the hearings fixed by AO and do not seek unnecessary adjournments. 6. Resultantly, this appeal is allowed for statistical purpose. Order pronounced in open court on 26.10.2023 immediately after conclusion of hearing and subsequently reduced in writing on the same day. Sd/- sd/- (VIJAY PAL RAO) (B.M. BIYANI) JUDICIAL MEMBER ACCOUNTANT MEMBER Indore Ǒदनांक /Dated : 26.10.2023. CPU/Sr. PS Copies to: (1) The appellant (2) The respondent (3) CIT (4) CIT(A) (5) Departmental Representative (6) Guard File By order UE COPY Assistant Registrar Income Tax Appellate Tribunal Indore Bench, Indore