V R Pawar Sarees P Ltd, Solapur V. Principal Commissioner of Income-Tax (Central), Pune

ITA 179/PUN/2021

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 7957 (ITAT-PUNE)
• Duration Of Justice: 9 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-02-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2016-2017
• Appeal Filed On: 17-05-2021
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER ITA No. 179/PUN/2021 नधा रण वष / Assessment Year : 2016-17 V.R. Pawar Sarees Private Limited, 261, Chatti Galli, Solapur – 413 002 PAN : AABCV9163F Vs. Pr.CIT-4, Pune. Appellant Respondent आदेश / ORDER PER R.S.SYAL, VP : This appeal by the assessee is directed against the order passed by the CIT u/s.263 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) on 31-03-2021 in relation to the assessment year 2016-17. 2. Tersely stated, the facts of the case are that the assessment in this case was completed u/s.143(3) determining total income at Rs.75,12,990/-. On examination of the record, the ld. CIT found certain infirmities in the assessment order, which, in his opinion, rendered the same erroneous and prejudicial to the interest of Revenue. One opportunity of hearing was given, which the assessee Assessee by Shri Pramod Shingte Revenue by Shri Sardarsingh Meena Date of hearing 24-02-2022 Date of pronouncement 25-02-2022 ITA No.179/PUN/2021 2 could not avail. Eventually, the assessment order came to be set- aside with a direction to frame the assessment afresh after making necessary verification of the issues discussed in the impugned order. 3. We have heard both the sides and gone through the relevant material on record. The ld. AR submitted that the ld. CIT did not provide adequate opportunity of hearing. Only one hearing was granted and the assessee could not avail the same because of the pandemic. It was prayed that one more opportunity of hearing be given to the assessee for putting forth the clarifications on all the points raised by the ld. CIT. No serious objection was taken by the ld. DR. In view of the foregoing facts and circumstances, we set- aside the impugned order and remit the matter to the file of the ld. CIT for passing a fresh order as per law after allowing a reasonable opportunity of hearing to the assessee. 4. In the result, the appeal is allowed for statistical purposes. Order pronounced in the Open Court on 25 th February, 2022. Sd/- Sd/- (S.S.VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT प ु णे Pune; दनांक Dated : 25 th February, 2022 Satish ITA No.179/PUN/2021 3 आदेश क त ल प अ े षत/Copy of the Order is forwarded to: 1. अपीलाथ / The Appellant; 2. यथ / The Respondent; 3. The Pr.CIT (Central), Pune 4. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, पुणे “B” / DR ‘B’, ITAT, Pune 5. गाड फाईल / Guard file आदेशान ु सार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune Date 1. Draft dictated on 24-02-2022 Sr.PS 2. Draft placed before author 25-02-2022 Sr.PS 3. Draft proposed & placed before the second member JM 4. Draft discussed/approved by Second Member. JM 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *