Appeal details
Counselvise Citation
[2023] 140 COUNSELVISE.COM (IT) 124136 (ITAT-PUNE)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
27 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
17-05-2023
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
SMC
Next Hearing Date
16-05-2023
Assessment Year
2016-2017
Appeal Filed On
20-04-2023
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT आयकर अपील सं. /ITA No.468/PUN/2023 नधा रण वष / Assessment Year : 2016-17 Riddhi Castings Pvt. Ltd., 2018, E-Ward, Janaki Nursing Home, 3 rd Lane, Rajarampuri, Kolhapur – 416008 Maharashtra PAN : AAGCR0912B Vs. DCIT, Circle-1, Kolhapur Appellant Respondent आदेश / ORDER PER R.S. SYAL, VP: This appeal by the assessee arises out of the ex parte order dated 24-03-2023 passed by the CIT(A) in National Faceless Appeal Centre, Delhi u/s.250 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) in relation to the assessment year 2016-17. 2. I have heard the ld. DR and gone through the relevant material on record. There is no appearance from the side of assessee despite Assessee by : None Revenue by : Shri Suresh Gaikwad Date of hearing 17-05-2023 Date of pronouncement 18-05-2023 ITA No.468/PUN/2023 Riddhi Castings Private Limited 2 notice. I am, therefore, proceeding to dispose the appeal ex parte qua the assessee. 3. It is seen that the assessee filed the return declaring Nil income and claimed carry forward of current year losses at Rs.1,70,78,312/-. The assessment order in this case was passed u/s.143(3) of the Act disallowing Rs.13,24,176/- and assessing carry forward of the current year losses at Rs.1,57,54,136/-. The ld. CIT(A), noted in the impugned order that “despite giving as many opportunities as listed above, the assessee has not submitted any argument in support his grounds of appeal”. He, therefore decided the appeal based on the documents that were submitted by the assessee as part of appeal memo, which resulted into passing of the ex-parte order qua the assessee dismissing the appeal. Considering the entirety of facts and circumstances, I am of the opinion that it would be just and fair if the impugned order is set-aside and the matter is remitted to the file of the ld. CIT(A). I order accordingly and direct him to decide the appeal afresh as per law after allowing a reasonable opportunity of hearing to the assessee. Needless to say, the assessee will be at liberty to lead any fresh evidence in support of its point of view. ITA No.468/PUN/2023 Riddhi Castings Private Limited 3 4. In the result, the appeal is allowed for statistical purposes. Order pronounced in the Open Court on 18 th May, 2023. Sd/- (R.S.SYAL) VICE PRESIDENT पुणे Pune; िदनांक Dated : 18 th May, 2023 सतीश आदेश की ितिलिप अ ेिषत/Copy of the Order is forwarded to: 1. अपीलाथ / The Appellant; 2. थ / The Respondent 3. 4. 5. The Pr.CIT concerned DR, ITAT, ‘SMC’ Bench, Pune गाड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune Date 1. Draft dictated on 17-05-2023 Sr.PS 2. Draft placed before author 18-05-2023 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. *
AI Insights
This case involves Riddhi Castings Pvt. Ltd., which appealed against an ex parte order from the CIT(A) concerning the assessment year 2016-17. The assessee had filed a return declaring nil income and claimed a carry forward of current year losses. The assessing officer disallowed a portion of these losses and adjusted the carry forward amount. The CIT(A), after multiple opportunities, dismissed the appeal due to non-submission of arguments by the assessee. The Tribunal found that the CIT(A) had not adequately considered the assessee's position and thus remitted the case back for a fresh assessment.
