Marathwada Nagari Sahakari Patsanstha Maryadit, Pune V. Income-tax Officer, Ward - 8(3), Pune

ITA 1920/PUN/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 3358 (ITAT-PUNE)
• Duration Of Justice: 1 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-02-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 20-12-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 80P

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT . / ITA NO.1920/PUN/2018 / ASSESSMENT YEAR : 2015-16 MARATHWADA NAGARI SAHAKARI PATSANSTHA MARYADIT, MAHALAXMI HEIGHTS, SHOP NO.2, BEHIND KAJARI SHOW ROOM, MORWADI, PIMPRI, PUNE 411 018 PAN : AAAJM0798D VS. ITO, WARD-8(3), PUNE (APPELLANT) (RESPONDENT) / ORDER PER R.S.SYAL, VP : THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A)-6, PUNE ON 05-10-2018, UPHOLDING DISALLOWANCE OF RS.28,16,630/- ON ACCOUNT OF DEDUCTION U/S.80P OF THE INCOME-TAX ACT, 1961 (HEREINAFTER ALSO CALLED THE ACT), IN RELATION TO THE ASSESSMENT YEAR 2015-16. 2. IT IS OBSERVED THAT THE ASSESSEE FILED RETURN DECLARING TOTAL INCOME AT NIL. THE ASSESSING OFFICER (AO) ISSUED CERTA IN NOTICES REQUIRING THE ASSESSEE TO ATTEND THE PROCEEDINGS AND SUBSTANTIATE THE INCOME DECLARED. NONE APPEARED ON BEHALF OF APPELLANT BY SHRI SANKET JOSHI RESPONDENT BY SHRI ACHAL SHARMA DATE OF HEARING 18-02-2019 DATE OF PRONOUNCEMENT 19-02-2019 ITA NO.1920/PUN/2018 MARATHWADA NAGARI SAHAKARI PATSANSTHA MARYADIT 2 THE ASSESSEE. THIS LED TO THE FRAMING OF THE ASSESSMENT U/S .144 OF THE ACT DETERMINING TOTAL INCOME AT RS.28,16,630/-, BEING DISALLOWANCE OF THE AMOUNT OF DEDUCTION CLAIMED U/S. 80P OF THE ACT. THE LD. CIT(A) SUSTAINED THE ADDITION. 3. I HAVE HEARD BOTH THE SIDES AND GONE THROUGH THE R ELEVANT MATERIAL ON RECORD. THE LD. AR EXPLAINED THE REASONS FOR N ON- ATTENDANCE OF THE ASSESSMENT PROCEEDINGS BY THE ASSESSEE, WHICH LED TO PASSING OF THE ASSESSMENT ORDER EX PARTE QUA THE ASSESSEE. I AM SATISFIED WITH SUCH REASONS. IN VIEW OF THE FOREGOING DISCUSSION, I AM OF THE CONSIDERED OPINION THAT THE ENDS OF JUSTICE WOULD MEET ADEQUATELY IF THE IMPUGNED ORDER IS SET-ASIDE AND THE MATTER IS RESTORED TO THE FILE OF AO. I O RDER ACCORDINGLY AND DIRECT HIM TO FRAME THE ASSESSMENT AFRESH AS PER LAW AFTER ALLOWING 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 19 TH FEBRUARY, 2019 SD/- (R.S.SYAL) / VICE PRESIDENT PUNE; DATED : 19 TH FEBRUARY, 2019 ITA NO.1920/PUN/2018 MARATHWADA NAGARI SAHAKARI PATSANSTHA MARYADIT 3 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) / THE CIT (APPEALS)-6, PUNE 4. / CIT-6, PUNE 5. , , SMC / DR SMC, ITAT, PUNE; 6. / GUARD FILE. // TRUE COPY // / BY ORDER, // TRUE COPY // SENIOR P RIVATE SECRETARY , / ITAT, PUNE DATE 1. DRAFT DICTATED ON 18-02-2019 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 19-02-2019 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. *