Reynold Events & Promotions, Nuvem V. Assistant Commissioner of Income Tax, Circle - 1, Margao

ITA 49/PAN/2023

• Counselvise Citation: [2023] 100 COUNSELVISE.COM (IT) 4611 (ITAT-PANAJI)
• Duration Of Justice: 8 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-12-2023
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: WT(D)
• Next Hearing Date: 14-12-2023
• Assessment Year: 2014-2015
• Appeal Filed On: 20-03-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Opportunity of being heard; FORM 26AS
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH, PANAJI – VIRTUAL COURT BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI S. S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपील सं. / ITA No.49/PAN/2023 िनधाᭅरण वषᭅ / Assessment Year : 2014-15 Reynold Events & Promotions, H.No.9, Kirbhat, Baida Kirbhat, Nuvem, Salcete- 403604. PAN : AAHFR6235P Vs. ACIT, Circle-1, Margao. Appellant Respondent आदेश / ORDER PER INTURI RAMA RAO, AM: This is an appeal filed by the assessee directed against the order of the National Faceless Appeal Centre, Delhi [‘NFAC’] dated 31.01.2023 for the assessment year 2014-15. 2. Briefly, the facts of the case are that the appellant is an individual engaged in the business of hiring of sound and light equipments, providing staging and backdrops etc. The Return of Income for the assessment year 2014-15 was filed on 28.11.2014 disclosing total income of Rs.27,08,476/-. Against the said return of Assessee by : Shri D. E. Robinson Revenue by : Shri Sridhar Dora Date of hearing : 15.12.2023 Date of pronouncement : 19.12.2023 ITA No.49/PAN/2023 2 income, the assessment was completed by the Assistant Commissioner of Income Tax, Circle-1, Margao-Goa (‘the Assessing Officer’) vide order dated 06.12.2016 passed u/s 143(3) of the Income Tax Act, 1961 (‘the Act’) at a total income of Rs.36,70,170/- by making addition of Rs.9,61,693/- being the amount of difference between the amount shown in the Form 26AS and the amount shown in the books of account on the failure of the assessee to reconcile the difference. 3. Being aggrieved, an appeal was filed before the NFAC. During the course of proceedings before the NFAC, it is contended that the Assessing Officer made addition on account of alleged difference between the amount shown in the Form 26AS and the amount shown in the books of account without giving proper opportunity of explaining the discrepancies. The appellant also filed the statement reconciling the discrepancies between the amount shown in Form 26AS and the amount shown in the books of account. However, the NFAC had passed a very cryptic order without considering the submissions made by the appellant. In the circumstances, we are of the considered opinion that the matter requires the remission to the file of the NFAC for de novo ITA No.49/PAN/2023 3 consideration in accordance with law after affording reasonable opportunity of being heard to the appellant. We order accordingly. 4. In the result, the appeal filed by the assessee stands partly allowed for statistical purposes. Order pronounced on this 19 th day of December, 2023. Sd/- Sd/- (S. S. VISWANETHRA RAVI) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; ᳰदनांक / Dated : 19 th December, 2023. Sujeet आदेश कᳱ ᮧितिलिप अᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The Pr. CIT concerned. 4. DR, ITAT, Panaji. 5. गाडᭅ फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.