Alok Arun Sheth, Pune V. Assistant Commissioner of Income Tax, Circle-5, Pune, Pune

ITA 790/PUN/2023

AI Insights

The case involves Alok Arun Sheth, the appellant, contesting an assessment order under section 143(3) of the Income Tax Act, 1961, for the assessment year 2016-17. The primary contention was regarding the disallowance under section 14A of the Act, which pertains to expenses incurred in relation to income not chargeable to tax. The assessee argued that his submissions were not considered by the AO, who erroneously presumed agreement to the disallowance. The Tribunal found merit in the assessee's argument and decided to set aside the AO's order, directing a fresh assessment.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 134423 (ITAT-PUNE)
• Duration Of Justice: 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-08-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 02-08-2023
• Assessment Year: 2016-2017
• Appeal Filed On: 04-07-2023
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3); 14A

Judgement Text

आयकर अपीलीय अिधकरण ” ए” Ɋायपीठ पुणेमŐ। IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES “A” :: PUNE BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER आयकर अपील सं. / ITA No.790/PUN/2023 िनधाᭅरण वषᭅ / Assessment Year : 2016-17 Alok Arun Sheth, 45/4, Sheth House Karve Nagar, D P Road, Pune – 411004 PAN: BAAPS 4642 F V s The Assistant Commissioner of Income Tax, Circle-5, Pune. Appellant / Assessee Respondent / Revenue Assessee by Shri Prathamesh Borkar – AR Revenue by Shri Ramnath P Murkunde – DR Date of hearing 03/08/2023 Date of pronouncement 03/08/2023 आदेश/ ORDER PER DR. DIPAK P. RIPOTE, AM: This appeal filed by the Assessee is directed against the order of ld.Commissioner of Income Tax(Appeals), National Faceless Appeal Centre[NFAC], Delhi dated 09.06.2023 emanating from the assessment order dated 20.12.2018 under section 143(3) of the Act. 2. At the outset, the ld.Authorised Representative(ld.AR) of the assessee submitted that though assessee had made proper ITA No.790/PUN/2023 Alok Arun Sheth [A] 2 submission during the assessment proceedings, but the Assessing Officer(AO) erroneously mentioned in Para 5 that assessee has not responded to the show-cause notice and hence, it is presumed that assessee has no objection regarding the proposed disallowance under section 14A of the Act. The ld.AR took us through the paper book to explain that assessee had made proper submission before the AO. 3. It is observed that AO had not considered the assessee’s submissions and presumed that assessee had agreed for the disallowance under section 14A of the Act, erroneously. In these facts and circumstances of the case, we set-aside the order of the AO to the AO for denovo adjudication after giving opportunity to the assessee. Accordingly, grounds raised by the assessee are allowed for statistical purpose. 4. In the result, appeal of the assessee is allowed for statistical purpose. Order pronounced in the open Court on 3 rd August, 2023. Sd/- Sd/- (S.S.GODARA) (DR. DIPAK P. RIPOTE) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; ᳰदनांक / Dated : 3 rd Aug, 2023/ SGR* ITA No.790/PUN/2023 Alok Arun Sheth [A] 3 आदेशकᳱᮧितिलिपअᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The CIT(A), concerned. 4. The Pr. CIT, concerned. 5. िवभागीयᮧितिनिध, आयकर अपीलीय अिधकरण, “ए” बᱶच, पुणे / DR, ITAT, “A” Bench, Pune. 6. गाडᭅफ़ाइल / Guard File. आदेशानुसार / BY ORDER, // TRUE COPY // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे/ITAT, Pune.