Thr trichirapalli district amarathy consumers co-operative store ltd, Trichy trichirapalli V. Dcit, circle 1(1), trichy, Trichy, tiruchirappalli

ITA 317/CHNY/2023

AI Insights

The case involves the Trichirapalli District Amaravathy Consumers Co-op. Store Ltd., the appellant, against the Deputy Commissioner of Income Tax, Circle-1(1), Trichy, the respondent. The appeal was directed against the order of the Commissioner of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi, for the Assessment Year 2017-18. The primary issue was the absence of an audit report and other relevant materials during the initial assessments and appeals, which led to the unfavorable decisions for the assessee. Both parties agreed to remand the case to allow the assessee to present the necessary documents.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 134934 (ITAT-CHENNAI)
• Duration Of Justice: 5 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-08-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 02-08-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 13-03-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside

Judgement Text

आयकर अपीलीय अिधकरण, ‘बी’ ायपीठ, चे ई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH: CHENNAI ी मंजुनाथ. जी, लेखा सद" एवं ी मनोमोहन दास, ाियक सद" के सम' BEFORE SHRI MANJUNATHA. G, ACCOUNTANT MEMBER AND SHRI MANOMOHAN DAS, JUDICIAL MEMBER आयकर अपील सं./ITA No.317/Chny/2023 िनधा(रण वष( /Assessment Year: 2017-18 The Trichirapalli District Amaravathy Consumers Co-op. Store Ltd. 1 Old Good Shed Road, Amaravathy, Trichy – 620 002. Vs. The Dy. Commissioner of Income Tax, Circle-1(1), Trichy. [PAN: AAAAT-6317-L] ( अपीलाथ /Appellant) ( यथ /Respondent) अपीलाथ क ओर से/ Appellant by : Shri N. Arjun Raj, C.A यथ क ओर से /Respondent by : Shri S. Senthil Kumaran, CIT सुनवाई क तारीख/Date of Hearing : 03.08.2023 घोषणा क तारीख /Date of Pronouncement : 23.08.2023 आदेश / O R D E R PER MANOMOHAN DAS, J.M: This is an appeal by the assessee is directed against the order of the learned Commissioner of Income-Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 07-02-2023 pertaining to the Assessment Year [AY] 2017-18. ITA No.317/Chny/2023 :- 2 -: 2. The Ld. AR during the hearing of the appeal prayed to the Bench that the matter should be remanded to the Ld. Assessing Officer [AO] so that the assessee can present necessary audit report and other relevant materials before the Ld. AO in order to substantiate his case. 3. We observe that, the lower authorities have decided the case against the assessee as the assessee could not file audit report and other relevant materials before the Ld. AO as well as before the Ld. CIT(A). Therefore, the disposal of the case by the lower authorities were without consideration of the relevant materials. Secondly, the Ld. DR also has no objection in case of remanding the case to the Ld. AO before whom the assessee can substantiate his claims. Accordingly, in the interest of justice, we remand the matter back to the Ld. AO for passing of a de-novo assessment order. Meanwhile, we set aside the orders passed by the Ld. AO dated 31-12-2019 as well as order of the Ld. CIT(A), National Faceless Appeal Centre, Delhi dated 07-12-2023 respectively. At the same time, we direct the assessee to substantiate his claims before the Ld. AO. Order accordingly. ITA No.317/Chny/2023 :- 3 -: 4. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on 23 rd August, 2023. Sd/- Sd/- (मंजुनाथ. जी) (Manjunatha. G) लेखा लेखालेखा लेखा सद य सद यसद य सद य /Accountant Member (मनोमोहन दास) (Manomohan Das) ाियक सद /Judicial Member चे ई/Chennai, दनांक/Dated: 23 rd August, 2023. EDN/- आदेश क ितिलिप अ ेिषत/Copy to: 1. अपीलाथ*/Appellant 2. +,थ*/Respondent 3. आयकर आयु-/CIT 4. िवभागीय +ितिनिध/DR 5. गाड( फाईल/GF