M/s. Hindustan Aeronautics Limited, Bangalore V. Deputy Commissioner Of Income Tax, Circle-3(1)(1), Bangalore

ITA 344/BANG/2023

• Counselvise Citation: [2023] 102 COUNSELVISE.COM (IT) 0347 (ITAT-BANGALORE)
• Duration Of Justice: 6 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-10-2023
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: A
• Next Hearing Date: 30-10-2023
• Assessment Year: 2019-2020
• Appeal Filed On: 25-04-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3); 142(1); 143(1)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH : BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI BEENA PILLAI, JUDICIAL MEMBER ITA No.344/Bang/2023 Assessment year : 2019-20 Hindustan Aeronautics Limited, No.15/1, Cubbon Road, Bangalore-560 001. PAN – AAACH 3641 R Vs. The Jt. Commissioner of Income- tax, Circle-3(1)(1), Bangalore. APPELLANT RESPONDENT Assessee by : Shri Ajith Kumar Jain & Shri Siddhesh Chaugule, C.A Revenue by : Shri PV Pradeep Kumar, CIT (DR) Date of hearing : 31.10.2023 Date of Pronouncement : 31.10.2023 O R D E R Per Beena Pillai, Judicial Member Present appeal arises out of order dated 01/03/2023 passed by NFAC, New Delhi for assessment year 2019-20. 2. At the outset we note that the assessee is a company and filed its return of Income for the Asst. Year 2019-20 declaring a total income of Rs.42,51,98,30,450/-. The return was processed u/s 143(1) of the Income-tax Act 1961 (the Act). Subsequently, case was selected under CASS for complete scrutiny. The notice u/s 143(2) of the Act dated 31.03.2021 was issued and duly served on ITA No.344/Bang/2023 Page 2 of 3 the assessee. Subsequently notices u/s 142(1) of the Act were issued on different dates. The assessee company filed its responses online. After considering the submission, the order u/s. 143(3) of the Act was passed on 28.09.2021 making the following additions:- 3. Aggrieved by the order of the ld.AO, the assessee filed appeal before the ld.CIT(A). The ld.CIT(A) upheld the addition made by the ld.AO, against which, the assessee is in appeal before this Tribunal on the disallowances/additions made. 4. We note that the ld.CIT(A) has not given any view in respect of the decisions by merely accepting the AO’s view. We find that ITA No.344/Bang/2023 Page 3 of 3 this order is very cryptic and without analysing the submissions of the assessee vis-à-vis, the provisions of the law. 4.1 In the interest of justice, we remit the entire issue back to the ld.CIT(A). The ld.CIT(A) is directed to consider each and every issue raised on merits and pass a detailed order of the case having regard to the evidences filed on the submissions made by the assessee. Needless to say that proper opportunity of being heard must be granted to the assessee. Accordingly, the appeal filed by the assessee is sent back to the file of CIT(A) for denovo consideration. 5. In the result, the appeal of the assessee is partly allowed for statistical purposes. Order pronounced in court on 31 st day of October, 2023 Sd/- Sd/- (CHANDRA POOJARI) (BEENA PILLAI) Accountant Member Judicial Member Bangalore, Dated, 31 st October, 2023 / vms / Copy to: 1. The Applicant 2. The Respondent 3. The CIT 4. The CIT(A) 5. The DR, ITAT, Bangalore. 6. Guard file By order Asst. Registrar, ITAT, Bangalore