Nitin Dwarkadas Nyati, Pune V. Assistant Commissioner of Income-Tax, Circle - 2, Pune

ITA 256/PUN/2022

AI Insights

The case involves an appeal by Nitin Dwarkadas Nyati against the order of the NFAC, which confirmed the disallowances made by the Assessing Officer in the assessment year 2017-18. The Assessing Officer had initially completed the assessment with certain disallowances, which were later enhanced. The NFAC's confirmation of these disallowances led to the present appeal. The Tribunal dismissed the appeal, agreeing with the NFAC's decision and the Assessing Officer's initial assessment.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 137146 (ITAT-PUNE)
• Duration Of Justice: 9 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-02-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 31-01-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 21-04-2022
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 154; 143(3); 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI S. S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपील सं. / ITA No.256/PUN/2022 िनधाᭅरण वषᭅ / Assessment Year : 2017-18 Nitin Dwarkadas Nyati, Sr. No.103/129, Nyati Unitree, Yerwada, Nagar Road- 411006. PAN : AABPN2601F Vs. ACIT, Circle-2, Pune. Appellant Respondent आदेश / ORDER PER INTURI RAMA RAO, AM: This is an appeal filed by the assessee directed against the order of the National Faceless Appeal Centre, Delhi [‘NFAC’] dated 21.03.2022 for the assessment year 2017-18. 2. Briefly, the facts of the case are that the appellant is an individual engaged in the business of civil contractors and builders. The Return of Income for the assessment year 2017-18 was filed on Assessee by : Shri Krishna V. Gujarathi Revenue by : Shri Ramnath P. Murkunde Date of hearing : 01.02.2023 Date of pronouncement : 08.02.2023 ITA No.256/PUN/2022 2 30.10.2017 declaring total income of Rs.124,94,87,852/-. Against the said return of income, the assessment was completed by the Assistant Commissioner of Income Tax, Circle-2, Pune (‘the Assessing Officer’) vide order dated 28.08.2019 passed u/s 143(3) of the Income Tax Act, 1961 (‘the Act’) at a total income of Rs.125,07,76,100/- after making a disallowance of Rs.20,78,278/- u/s 14A and disallowance of personal expenditure of Rs.1,23,974/-. Subsequently, the Assessing Officer vide order dated 03.12.2019 passed u/s 154 r.w.s. 143(3) enhanced the disallowance u/s 14A by further amount of Rs.20,78,278. 3. Being aggrieved by that order passed u/s 154, an appeal was filed before the NFAC, who vide impugned order confirmed the action of the Assessing Officer. 4. Being aggrieved, the appellant is in appeal before us in the present appeal. 5. The issue raised in the present appeal does no emanate from the order passed by the Assessing Officer u/s 154 dated 03.12.2019. Admittedly, the appellant had not challenged before us the assessment order passed u/s 143(3) dated 28.08.2019. The impugned order before us is that the order passed u/s 154, which ITA No.256/PUN/2022 3 was rightly dismissed by the NFAC. Therefore, the grounds of appeal filed by the assessee stand dismissed. 6. In the result, the appeal filed by the assessee stands dismissed. Order pronounced on this 08 th day of February, 2023. Sd/- Sd/- (S. S. VISWANETHRA RAVI) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; ᳰदनांक / Dated : 08 th February, 2023. Sujeet आदेश कᳱ ᮧितिलिप अᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. िवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, “A” बᱶच, पुणे / DR, ITAT, “A” Bench, Pune. 4. गाडᭅ फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.