Tirupati Agency, Dhule V. Income Tax Officer, Ward-2, Dhule, Dhule

ITA 38/PUN/2024

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 3656 (ITAT-PUNE)
• Duration Of Justice: 1 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-02-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 25-03-2024
• Assessment Year: 2017-2018
• Appeal Filed On: 04-01-2024
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Department Lawyers: GAURAV K SINGH
• Keywords: Depreciation

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE “SMC” BENCH : PUNE BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER I.T.A.No.38/PUN./2024 Assessment Year 2017-2018 Tirupati Agency, 3302/3, Sahariya Apartment, Lane No.2, DHULE – 424 001 PAN AABFT3451B Maharashtra. vs. The Income Tax Officer, Ward – 2, Aaykar Bhavan, Opp. MSEB, Sakri Road, Dhule – 424 001 Maharashtra. (Appellant) (Respondent) For Assessee : Shri Sarang Gudhate For Revenue : Shri Gaurav K Singh Date of Hearing : 26.02.2024 Date of Pronouncement : 26.02.2024 ORDER PER SATBEER SINGH GODARA, J.M. : This assessee’s appeal for assessment year 2017-18, arise against Ld. Addl/JCIT(A), Mysore, Mysore's Din and Order No. ITBA/APL/S/250/2023-24/1057874971(1), dated 10.11.2023, involving proceedings u/s.143(1) of the Income Tax Act, 1961 (in short “the Act”). Heard both the parties. Case file perused. 2. It emerges at the outset with the able assistance coming from both the parties through their learned representatives that both the lower authorities has disallowed a sum of Rs.2,12,473/- treating the same as penal in nature and depreciation of of Rs.81,664/-. Mr.Gaurav Singh vehemently argued that the assessee 2 ITA.No.38/PUN./2024 had not filed any explanation either before the Assessing Officer or in the lower appellate proceedings. 3. It is noticed that the Ld. CIT(A) has simply confirmed the order of the Assessing Officer, thereby not complying with sec.250(6) of the Act requiring him to give points for determination followed by a detailed adjudication thereof. Faced with the situation, I deem it appropriate in the larger interest of justice to restore the assessee’s instant appeal back to the Ld. CIT(A) for his afresh adjudication, preferably within three effective opportunities of hearing, subject to the rider that it shall be the taxpayer’s onus and responsibility only to file and prove all the relevant facts in consequential proceedings. Ordered accordingly. 4. This assessee’s appeal is allowed for statistical purposes in above terms. Order pronounced in the open Court on 26.02.2024. Sd/- [SATBEER SINGH GODARA] JUDICIAL MEMBER Pune, Dated 26 th February, 2024 VBP/- Copy to 1. The appellant 2. The respondent 3. The NFAC, Delhi. 4. The Pr. CIT, Pune concerned 5. D.R. ITAT, “SMC” Bench, Pune. 6. Guard File. //By Order// //True Copy // Assistant Registrar, ITAT, Pune Benches, Pune.