SWA ASHOKRAO BANKAR NAGARI SAHAKARI PATSANSTHA MARYADIT, PIMAPLGAON (B) V. ITO ward 1(1) NASHIK, GADKARI CHOWK, NASHIK

ITA 77/PUN/2024

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 3367 (ITAT-PUNE)
• Duration Of Justice: 2 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-03-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2021-2022
• Appeal Filed On: 12-01-2024
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Keywords: Rectification of order

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE “SMC” BENCH : PUNE [VIRTUAL HEARING] BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER I.T.A.No.77/PUN./2024 Assessment Year 2021-2022 Swa Ashokrao Bankar Nagari Sahakari Patsanstha Maryadit, SNS Kruti, At Post Pimpalgaon (B), Tal. Niphad, Dist. Nashik. Maharashtra. PIN – 422 209 PAN AAAAA2084K vs. The Income Tax Officer, Ward – 1(1), Aayakar Bhavan, Gadkari Chowk, Nashik. Maharashtra. PIN 422 002. (Appellant) (Respondent) For Assessee : Shri Pramod S Shingte For Revenue : Shri Sourabh Nayak, Addl. CIT Date of Hearing : 14.03.2024 Date of Pronouncement : 18.03.2024 ORDER PER SATBEER SINGH GODARA, J.M. : This assessee’s appeal for assessment year 2021-22, arises against the National Faceless Appeal Centre [in short the “NFAC”] Delhi’s Din and Order No. ITBA/NFAC/S/250/2023- 24/1057953010(1), dated 15.11.2023, involving proceedings u/s. 154 of the Income Tax Act, 1961 (in short “the Act”). Heard both the parties. Case file perused. 2. The assessee’s sole substantive grievance raised in the instant appeal is that both the learned lower authorities have wrongly disallowed its deduction claimed u/sec.80P(2)(e) of the Act of Rs.44,50,090/-; and the rectification order passed by the DDIT- CPC, Bengaluru dated 02.03.2023 u/sec.154 of the Act is an apparent mistake on record and in appeal, the NFAC had also not 2 ITA.No.77/PUN./2024 considered the submissions of the assessee and confirmed the order of the Assessing Officer. Shri Nayak, could hardly dispute the clinching fact that the learned NFAC’s order has nowhere decided the assessee’s substantive grounds on merits as contemplated u/sec.250(6) of the Act requiring it to give points for determination followed by a detailed discussion thereof. Faced with this situation, I deem it appropriate in the larger interest of justice to restore the assessee’s instant appeal back to the NFAC for it’s afresh adjudication, preferably within three effective opportunities of hearing, subject to the rider that it shall be the taxpayer’s onus and responsibility only to file and prove all the relevant facts in consequential proceedings. Ordered accordingly. 3. This assessee’s appeal is allowed for statistical purposes in above terms. Order pronounced in the open Court on 18.03.2024. Sd/- [SATBEER SINGH GODARA] JUDICIAL MEMBER Pune, Dated 18 th March, 2024 VBP/- Copy to 1. The appellant 2. The respondent 3. The Pr. CIT, Pune concerned 4. D.R. ITAT, “SMC” Bench, Pune. 5. Guard File. //By Order// //True Copy // Sr. Private Secretary, ITAT, Pune Benches, Pune.