Kingspan Insulation Pvt.Ltd., Pune V. Deputy Commissioner of Income-tax, Circle - 14, Pune

ITA 501/PUN/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5502 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 1 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-05-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 20-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH, B PUNE VIRTUAL COURT BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER . / ITA NO.501/PUN/2018 / ASSESSMENT YEAR : 2014-15 KINGSPAN INSULATION PVT.LTD., GAT NO.457, GLOBAL INDUSTRIAL PARK, VILLAGE SHINDEWADI, PUNE 412 801 PAN : AAFCP7008K VS. DCIT, CIRCLE-14, PUNE APPELLANT RESPONDENT / ORDER PER R.S.SYAL, VP : THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE EX PARTE ORDER DATED 30-11-2017 PASSED BY THE CIT(A)-7, PUNE IN RELATION TO THE ASSESSMENT YEAR 2014-15. 2. THE APPEAL IS TIME BARRED BY 18 DAYS. THE ASSESSEE HA S FILED AN AFFIDAVIT CITING REASONS FOR THE DELAY. WE ARE SATISFIE D WITH THE SAME. THE DELAY IS CONDONED AND THE APPEAL IS ADMITTED FOR HEARING ON MERITS. ASSESSEE BY NONE REVENUE BY SHRI VITTHAL BHOSALE DATE OF HEARING 13-05-2021 DATE OF PRONOUNCEMENT 13-05-2021 ITA NO.501/PUN/2018 KINGSPAN INSULATION PVT. LTD., 2 3. WE HAVE HEARD THE LD. DR THROUGH VIRTUAL HEARING AND GO NE THROUGH THE RELEVANT MATERIAL ON RECORD. THERE IS NO APP EARANCE FROM THE SIDE OF THE ASSESSEE DESPITE NOTICE. IT IS SEEN THA T THE LD. CIT(A) DISMISSED THE APPEAL OF THE ASSESSEE EX PARTE THE ASSESSEE . IN VIEW OF THE AFORENOTED FACTS OBTAINING IN THE EXTANT CASE AND THE LD. DR NOT RAISING ANY SERIOUS OBJECTION TO THE GRANTING OF AN OTHER OPPORTUNITY OF HEARING TO THE ASSESSEE, WE ARE OF THE OPIN ION THAT IT WOULD BE JUST AND FAIR IF THE IMPUGNED ORDER IS SET-ASIDE A ND THE MATTER IS REMITTED TO THE FILE OF THE LD. CIT(A) WITH A DIRECTION TO DISPOSE OF THE APPEAL AFRESH ON MERITS AS PER LAW AFTER A LLOWING A REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE. WE OR DER ACCORDINGLY. 4. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATISTICAL PURPOSES . ORDER PRONOUNCED IN THE OPEN COURT ON 13 TH MAY, 2021. SD/- SD/- ( S.S. VISWANETHRA RAVI ) (R.S.SYAL) JUDICIAL MEMBER VIC E PRESIDENT PUNE; DATED : 13 TH MAY, 2021 ITA NO.501/PUN/2018 KINGSPAN INSULATION PVT. LTD., 3 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE CIT(A)-7, PUNE 4. 5. 6. THE PCIT-6, PUNE DR, ITAT, B BENCH, PUNE / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR P RIVATE SECRETARY , / ITAT, PUNE DATE 1. DRAFT DICTATED ON 13-05-2021 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 13-05-2021 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. *