Kolhar Bhagwatipur Vapari Gramin Bigarsethi Sahakari Patsantha Ltd, Ahmednagar V. Income Tax Officer, Ward-1, Ahmednagar, Ahmednagar

ITA 615/PUN/2023

AI Insights

The case involves Kolhar Bhagwatipur Vapari Gramin Bigarsethi Sahakari Patsanstha Ltd., the appellant, contesting an ex parte order by the CIT(A) regarding the disallowance of deduction under section 80P of the Income-tax Act, 1961, on interest income from deposits with Nationalised Banks for the assessment year 2018-19. The Tribunal found that the CIT(A) had dismissed the appeal in the absence of the assessee without a fair hearing. Consequently, the Tribunal decided to set aside the CIT(A)'s order and remand the case for a fresh hearing, emphasizing the need for a fair opportunity for the assessee to present their case.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 124160 (ITAT-PUNE)
• Duration Of Justice: 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-06-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2018-2019
• Appeal Filed On: 22-05-2023
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT आयकर अपील सं. /ITA No.615/PUN/2023 नधा रण वष / Assessment Year : 2018-19 Kolhar Bhagwatipur Vapari Gramin Bigarsethi Sahakari Patsanstha Ltd., Kolhar Bhagwatipur, Tal. Rahata, Dist. Ahmednagar – 413710 Maharashtra PAN : AAIFK1071F Vs. ITO, Ward-1, Ahmednagar Appellant Respondent आदेश / ORDER PER R.S. SYAL, VP: This appeal by the assessee arises out of the order ex parte 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 2018-19. 2. It is seen that the assessment order in this case was passed u/s.143(3) of the Act disallowing the deduction u/s.80P on the interest income received by the assessee from the deposits kept with Nationalised Banks. The ld. CIT(A) passed the order ex parte Assessee by Shri Prasad S. Bhandari Revenue by Shri Gurmel Singh Date of hearing 09-06-2023 Date of pronouncement 09-06-2023 ITA No. 615/PUN/2023 2 dismissing the appeal in the absence of the assessee, which fact has been recorded in 4.10 of the impugned order. 3. After hearing both the sides and considering the entirety of facts and circumstances of the case, 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) with a direction to decide the appeal afresh after allowing a reasonable opportunity of hearing to the assessee. I order accordingly. The ld. AR has undertaken that the assessee will render full assistance to the ld. first appellate authority in such fresh proceedings. 4. In the result, the appeal is allowed for statistical purposes. Order pronounced in the Open Court on 09 th June, 2023. Sd/- ( R.S.SYAL) VICE PRESIDENT पुणे Pune; िदनांक Dated : 09 th June, 2023 सतीश ITA No. 615/PUN/2023 3 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 09-06-2023 Sr.PS 2. Draft placed before author 09-06-2023 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. *