Shradha & S.S. Kale Joint Venture, Pune V. Deputy Commissioner of Income-tax, Circle - 3, , Pune

ITA 317/PUN/2021

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 2115 (ITAT-PUNE)
• Duration Of Justice: 11 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-07-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 02-08-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: WAY OF RPAD NOTICES WHICH HAD BEEN DULY SERVED
• Section: 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER ITA No.317/PUN/2021 निर्धारण वषा / Assessment Year : 2014-15 Shradha & S.S. Kale Joint Venture Shradha Hoseects No.120A/1, Plot No.88, Shirole Road, Opp. JM Road, Shivajinagar, Pune – 411004 PAN : AADAS7271F Vs. DCIT, Circle-3, Pune Appellant Respondent आदेश / ORDER PER S.S. GODARA, JM : This assessee‟s appeal for AY 2014-15 arises against the CIT(A)-3, Pune‟s order dated 10-07-2018 passed in case No.PN/CIT(A)-3/DCIT Cir-3/296/2016-17/330, in proceedings under Section 144 of the Income Tax Act, 1961, in short „the Act‟. Heard both the parties. Case file perused. Assessee by Shri M.K. Kulkarni Revenue by Shri M.G. Jasanani Date of hearing 08-07-2022 Date of pronouncement 28-07-2022 ITA No.317/PUN/2021 Shradha & S.S. Kale Joint Venture 2 2. It emerges at the outset that both the Assessing Officer‟s assessment order dated 12.12.2016 estimating net profits at Rs.84,58,020/- as well as adding / disallowing sundry creditors of Rs.50,23,348/-; respectively and upheld in the CIT(A)‟s lower appellate order, has been passed ex-parte. 3. Learned departmental representative vehemently argued that the CIT(A) herein had afforded various effective opportunities to the assessee by way of RPAD notices which had been duly served. He fails to rebut the clinching fact that even if we reject the assessee‟s case on technical grounds alleging violation of principles of natural justice, there is hardly any denial to the fact that the CIT(A) has nowhere considered the entire factual matrix of the foregoing twin issues as contemplated u/s 250(6) requiring him to frame points of determination followed by a detailed discussion thereupon. This is indeed coupled with the fact that this assessee also appears to have been taking both the assessment notices as well as CIT(A)‟s opportunities for a ride. Faced with this situation, we deem it appropriate to restore all the substantive grounds of assessee back to the CIT(A) to be adjudicated afresh ITA No.317/PUN/2021 Shradha & S.S. Kale Joint Venture 3 within three effective hearings of opportunity subject to the condition that it shall be the risk and responsibility of the taxpayer only to file and prove all the necessary evidence(s); if so advised. Ordered accordingly. 4. This assessee‟s appeal is allowed for statistical purposes in above terms. Order pronounced in the Open Court on 28 th July, 2022. Sd/- Sd/- (DIPAK P. RIPOTE) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER प ु णे Pune; ददिधांक Dated : 28 th July, 2022 GCVSR आदेश की प्रतिलिपि अग्रेपिि/Copy of the Order is forwarded to: 1. अपीऱधर्थी / The Appellant; 2. प्रत्यर्थी / The Respondent; 3. The CIT(A)-3, Pune 4. 5. The Pr.CIT-2, Pune विभागीय प्रविविवि, आयकर अपीलीय अविकरण, पुणे “B” / DR „B‟, ITAT, Pune 6. गार्ड फाईल / Guard file आदेशान ु सार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अविकरण ,पुणे / ITAT, Pune ITA No.317/PUN/2021 Shradha & S.S. Kale Joint Venture 4 Date 1. Draft dictated on 12-07-2022 Sr.PS 2. Draft placed before author 26-07-2022 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.