Shashi Structural Engineers Private Limited, Pune V. Assistant Commissioner of Income Tax, Central Circle-2(1), Pune

ITA 716/PUN/2023

AI Insights

The case involves Shashi Structural Engineers Private Limited, which appealed against the order of the CIT(A) in the National Faceless Appeal Centre concerning the assessment year 2017-18. The initial appeal was dismissed by the CIT(A) due to the assessee's failure to meet the payment conditions required under section 249(4) of the Income-tax Act, 1961, as the assessee had not paid the full tax due at the time of filing the appeal. However, subsequent adjustments from a tax refund for the assessment year 2022-23 to the demand for the year 2017-18 led to the Tribunal's decision to allow the appeal to be heard on its merits.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 137837 (ITAT-PUNE)
• Duration Of Justice: 1 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-07-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 30-07-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 13-06-2023
• Other Referred Cases: CIT Vs. K. Satish Kumar Singh (2012) 02 KAR CK 0004
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH, ‘B’ PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S.VISWANETHRA RAVI, JUDICIAL MEMBER ITA No.716/PUN/2023 Assessment Year : 2017-18 Shashi Structural Engineers Private Limited, 10, Rupesh Housing Society, Lane No.10, Dahanukar Colony, Kothrud, Pune 411 029 Maharashtra PAN : AAJCS5055K Vs. ACIT, Central Circle-2(1), Pune Appellant Respondent आदेश / ORDER PER R.S. SYAL, VP : This appeal by the assessee is directed against the order dt. 21-01-2023 passed by the CIT(A) in National Faceless Appeal Centre (NFAC) u/s.250 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) in relation to the assessment year 2017-18. 2. The appeal is time barred by 85 days. The assessee has filed an affidavit explaining the reasons for the delay. We are satisfied with the reasons so stated. Therefore, the delay is condoned and the appeal is admitted for disposal on merits. Assessee by Shri Kishor Phadke Revenue by Shri Umesh Phade Date of hearing 31-07-2023 Date of pronouncement 01-08-2023 ITA No.716/PUN/2023 Shashi Structural Engineers Private Limited 2 3. We have heard both the sides and gone through the relevant material on record. Shorn off unnecessary details, it is seen that the assessee filed appeal before the ld. CIT(A) which was dismissed on the preliminary issue of the assessee not having satisfied the conditions of section 249(4) of the Act. The ld. CIT(A) observed that the tax payable as on the date of filing of the return of income was Rs.53,38,200/- and the assessee had paid only a sum of Rs.29,98,181/- as self-assessment tax. The ld. AR has brought to our notice the fact of the assessee’s return for the A.Y. 2022-23 having been processed on 14-04-2023 determining refund of Rs.1,03,68,414/-. Our attention has further been invited towards pages 66, 68 and 69 of the paper book showing the adjustment of refund for the A.Y. 2022-23 against the demand of the assessee for various years including the year under consideration. A sum of Rs.69,74,612/- has been adjusted in respect of the assessment year under consideration against the refund for the A.Y. 2022-213. This shows that the amount of tax payable by the assessee with reference to the returned income for the year in appeal, now stands duly paid. The Hon’ble Karnataka High Court in CIT Vs. K. Satish Kumar Singh (2012) 02 KAR CK 0004 has held that where tax is paid subsequently, the appeal which was earlier dismissed by the first appellate authority for violation of section 249(4), gets revived. In ITA No.716/PUN/2023 Shashi Structural Engineers Private Limited 3 view of the admitted factual position that the amount of tax payable by the assessee with reference to the returned income for the year under consideration now stands fully adjusted against the refund for the A.Y. 2022-23, we are satisfied that the assessee deserves disposal of its appeal on merits. We, therefore, set-aside the impugned order and direct the ld. CIT(A) to pass the order on merits of the appeal. Needless to say, the assessee will be allowed an opportunity of hearing. 4. In the result, the appeal is allowed for statistical purposes. Order pronounced in the Open Court on 01 st August, 2023. Sd/- Sd/- ( S.S. VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; िदनांक Dated : 01 st August, 2023 सतीश आदेश की ितिलिप अ ेिषत/Copy of the Order is forwarded to: 1. अपीलाथ / The Appellant; 2. 3. थ / The respondent The Pr.CIT concerned 4. DR, ITAT, ‘B’ Bench, Pune 5. गाड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune ITA No.716/PUN/2023 Shashi Structural Engineers Private Limited 4 Date 1. Draft dictated on 31-07-2023 Sr.PS 2. Draft placed before author 01-08-2023 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. *