Dattatray Bhosale, Pune V. CIT Appeals, National Faceless Appeal Centre

ITA 183/PUN/2024

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 6863 (ITAT-PUNE)
• Duration Of Justice: 4 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-05-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 29-05-2024
• Assessment Year: 2015-2016
• Appeal Filed On: 18-01-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: AKSHAY MALPANI
• Keywords: TDS
• Section: 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE “A” BENCH : PUNE : [THROUGH VIRTUAL HEARING] BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI GD PADMAHSHALI, , ACCOUNTANT MEMBER I.T.A.No.183/PUN./2024 [E-APPEAL] Assessment Year 2015-2016 Shri Dattatray Bhosale, 2 nd Floor, Premier Plaza, Old Pune-Mumbai Highway, Chinchwad, Pune PIN – 411 019.Maharashtra PAN AQHPB3430E vs. The CIT (Appeals)-National Faceless Appeal Centre, Delhi. (Appellant) (Respondent) For Assessee : CA Akshay Malpani For Revenue : Shri Ramnath P Murkunde Date of Hearing : 30.05.2024 Date of Pronouncement : 30.05.2024 ORDER PER SATBEER SINGH GODARA, J.M. : This assessee’s appeal for assessment years 2015- 2016, arise against the National Faceless Appeal Centre [in short the “NFAC”] Delhi’s Din and Order No. ITBA/NFAC/S/ 250/2023-24/1058144809(1), dated 22.11.2023, 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 file perused. 2. The assessee pleads the following substantive grounds in the instant appeal : 2 ITA.No.183/PUN./2024 1. “The learned assessing officer without following the principles of natural justice and without considering the relevant facts available on records added the total receipts as appearing in the 26AS statement to the total income of the appellant. 2. The overall tax liability of the appellant if the TDS as available in the records is considered would be NIL and thus the assessment should be quashed. 3. Without prejudice to the above and in furtherance to the above facts the learned assessing officer assessed the entire turnover as income without considering the corresponding profits earned by the appellant. This has resulted in an incorrect and inflated assessment of the taxable income. 4. The appellant, being aggrieved by the order passed by the learned AO, filed an appeal before CIT (A). Regrettably, the appeal was dismissed without due consideration of the factual and legal contentions raised. 5. The appellant craves the permission to add, amend, modify, alter, revise, substitute, and delete any or all the grounds of appeal, if deemed necessary at the time of hearing of the appeal.” 3. It emerges at the outset with the able assistance coming from both the parties as well as from perusal of the case file that the learned NFAC has declined to entertain the 3 ITA.No.183/PUN./2024 assessee’s lower appeal inter alia holding that neither he had filed his return nor paid the amount equal to the amount of advance tax payable at his behest. Learned counsel’s case in this factual backdrop is that the assessee’s Form-26AS duly indicated the deductor’s figures which in any case exceed the amount of advance tax payable; if any. 4. Learned DR fails to dispute that there is no clarity in the NFAC’s lower appellate discussion in para 3.5 about the exact liability of the assessee to pay the foregoing advance tax. Be that at it may, the fact also remains that there is no adjudication of the assessee’s lower appeal on merits in tune with sec.250(6) of the Act once the NFAC has rejected the same in limine. 5. Faced with this situation, we deem it appropriate in the larger interest of justice to restore the assessee’s instant appeal back to the NFAC for it’s afresh appropriate adjudication preferably within three effective opportunities of hearing. It is made clear that the NFAC shall first of all ascertain the assessee’s actual advance tax liability followed by the rider that the taxpayer herein shall plead and prove all the relevant facts consequential proceedings at his own risk and responsibility. Ordered accordingly. 6. This assessee’s appeal is allowed for statistical purposes in above terms. 4 ITA.No.183/PUN./2024 Order pronounced in the open Court on 30.05.2024. Sd/- Sd/- [GD PADMAHSHALI] [SATBEER SINGH GODARA] ACCOUNTANT MEMBER JUDICIAL MEMBER Pune, Dated 30 th May, 2024 VBP/- Copy to 1. The appellant 2. The respondent 3. The CIT(A), Pune-11, Pune 3. The Pr. CIT, Pune concerned. 4. D.R. ITAT, “A” Bench, Pune. 5. Guard File. //By Order// //True Copy // Sr. Private Secretary, ITAT, Pune Benches, Pune.