M/s Ambarwadikar & Company, Aurangabad V. Assistant Commissioner of Income-tax, Circle - 3, Aurangabad

ITA 2703/PUN/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3681 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 11 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-11-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 17-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE VIRTUAL COURT BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER ITA NO.2703/PUN/2017 / ASSESSMENT YEAR : 2014-15 M/S. AMBARWADIKAR & COMPANY, GUT NO.103, BEED BYE PASS ROAD, DEOLAI, AURANGABAD 431010 PAN : AAHFA6223A VS. ACIT, CIRCLE-3, AURANGABAD APPELLANT RESPONDENT / ORDER PER R.S.SYAL, VP : THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE EX PARTE ORDER DATED 19-09-2017 PASSED BY THE COMMISSIONER OF INCOME-TAX (APPEALS)-2, AURANGABAD IN RELATION TO THE ASSESSMENT YEAR 2014-15. 2. BRIEFLY STATED, THE FACTS OF THE CASE ARE THAT THE ASSESS EE IS A GOVERNMENT CONTRACTOR WHO FILED ITS RETURN DECLARING TOTAL INCOME AT RS.13,15,521/-. THE ASSESSING OFFICER (AO) M ADE ASSESSEE BY SHRI M.K. KULKARNI REVENUE BY SHRI MAHADEVAN A.M. KRISHNAN DATE OF HEARING 09-11-2020 DATE OF PRONOUNCEMENT 10-11-2020 ITA NO.2703/PUN/2017 M/S. AMBARWADIKAR & COMPANY 2 DISALLOWANCE U/S.40(A)(IA) OF THE INCOME-TAX ACT, 1961 AMOUNTING TO RS.58,61,326/- AND DISALLOWED ANOTHER SUM OF RS.90,97,423/- WHICH WAS ADJUSTMENT FROM THE PRECEDING Y EAR. IN THE ABSENCE OF THE ASSESSEE REPRESENTING ITS CASE BE FORE THE LD. CIT(A), THE IMPUGNED ORDER CAME TO BE PASSED DISMIS SING THE APPEAL. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS THROUGH VIRTUAL COURT AND GONE THROUGH THE RELEVANT MATERIAL ON RECORD. TH E LD. AR SUBMITTED THAT THE ASSESSEE WAS INCAPACITATED TO APPEAR BEFORE THE LD. CIT(A) DURING THE COURSE OF THE APPELLATE PROCEEDINGS FOR CERTAIN REASONS BEYOND ITS CONTROL. A PRA YER WAS MADE FOR RESTORATION OF APPEAL TO THE LD. CIT(A) FOR ITS DISPOSAL ON MERITS AFTER ALLOWING REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE. NO SERIOUS OBJECTION WAS TAKEN BY THE LD. DR IN THIS REGARD. IN THE GIVEN FACTS AND CIRCUMSTANCE S, WE SET-ASIDE THE IMPUGNED ORDER AND REMIT THE MATTER TO THE F ILE OF LD. CIT(A) FOR DISPOSAL OF APPEAL ON MERITS AFTER ALLOWING REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE. ITA NO.2703/PUN/2017 M/S. AMBARWADIKAR & COMPANY 3 4. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH NOVEMBER, 2020. SD/- SD/- (S.S.VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VICE PRESI DENT PUNE; DATED : 10 TH NOVEMBER, 2020 SATISH / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE CIT(A)-2, AURANGABAD 4. 5. THE PR.CIT-2, AURANGABAD , , / DR B, ITAT, PUNE 6. / GUARD FILE / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE ITA NO.2703/PUN/2017 M/S. AMBARWADIKAR & COMPANY 4 DATE 1. DRAFT DICTATED ON 09-11-2020 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 10-11-2020 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. *