M/s. Padmavati Developers, PUNE V. ITO, Ward-9(3), , PUNE

ITA 1955/PUN/2019

• Counselvise Citation: [2022] 107 COUNSELVISE.COM (IT) 0076 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 5 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-06-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 09-12-2019
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Department Lawyers: B. KOTESHWARA RAO
• Section: 143(3); 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH, PUNE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. GODARA, JUDICIAL MEMBER ITA No. 1955/PUN/2019 : A.Y. 2013-14 M/s. Padmavati Developers Empire Estate, CTS No. 4510/1 Chinchwad, Pune-411 019 PAN; AAGEP 7344 G Appellant Vs. The I.T.O. Ward 9(3) Pune. Respondent Appellant by : Shri Krishna Gujarathi Respondent by : Shri B. Koteshwara Rao Date of Hearing : 01-06-2022 Date of Pronouncement : 06-06-2022 ORDER PER S.S. GODARA, JM : This assessee‟s appeal for AY 2013-14 is against the order of the CIT(A)-8, Pune dated 01-10-2019 passed in case No. case No. PN/CIT(A)-8/ITO Ward 9(3)/863 involving proceedings under Section 143(3) of the Income-tax Act, 196, in short “the Act”. Heard both the parties. Case file perused. 2. Coming to the assessee‟s sole substantive grievance pleaded herein that the CIT(A) has erred in law and on facts in upholding the Assessing Officer‟s action in disallowing its claim u/s 80-IB(10) of Rs. 13,65,72,572/-, we note at the outset with able assistance of both the parties that there is no indication in the lower appellate authorities discussion tabulated on page 4 that the former had been served with the last hearing notice dated 14-8-2019 or not. This is coupled with the fact that the assessee has placed on record before us the tribunal‟s order dated 13-05-2022 holding it eligible for the impugned deduction on proportionate basis regarding Sector 7 of the corresponding housing project. 4. Faced with this situation, we are of the opinion that larger interest of justice would met in case the CIT (A) re-decides the entire foregoing issue afresh as contemplated u/s 250 of the Act after framing the points for determination followed by detailed discussion. Needful may be done after providing reasonable opportunity of hearing. Ordered accordingly. 2 ITA No. 1955/PUN/2019 Padmavati Developers A.Y. 2013-14 5. This assessee‟s appeal is allowed for statistical purposes in above terms. Order pronounced in the open Court on this 06 th June 2022. Sd/- sd/- (R.S. SYAL) (SATBEER SINGH GODARA) VICE PRESIDENT JUDICIAL MEMBER Pune; Dated : 06 th June 2022 Ankam Copy of the Order forwarded to : 1. The Appellant. 2. The Respondent. 3. The Pr. CCIT , Pune 4. The CIT(A)- 8 Pune 5. The D.R. ITAT „B‟ Bench Pune. 5. Guard File BY ORDER, Sr. Private Secretary ITAT, Pune 3 ITA No. 1955/PUN/2019 Padmavati Developers A.Y. 2013-14 Date 1 Draft dictated on 01-06-2022 Sr.PS/PS 2 Draft placed before author 01-06-2022 Sr.PS/PS 3 Draft proposed and placed before the second Member JM/AM 4 Draft discussed/approved by second Member AM/JM 5 Approved draft comes to the Sr. PS/PS Sr.PS/PS 6 Kept for pronouncement on 06-06-2022 Sr.PS/PS 7 Date of uploading of order 06-06-2022 Sr.PS/PS 8 File sent to Bench Clerk 06-06-2022 Sr.PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R 11 Date of dispatch of order