Nirman Developers, Pune V. The Income Tax Officer, Ward-3(1), Pune

ITA 969/PUN/2023

AI Insights

The case involves Nirman Developers, who appealed against the order of the NFAC, which was passed under section 250 of the Income-tax Act, 1961, for the assessment year 2017-18. The original assessment was made under section 143(3) of the Act, where the AO determined the total income at Rs.33,54,650, including an addition of Rs.32.50 lakh under section 68, due to insufficient time for proper inquiries. The CIT(A) allowed partial relief after the assessee submitted additional evidence, which the AO did not admit in the remand report. The Tribunal found it just and fair to set aside the impugned order and remit the matter back to the AO for a fresh assessment, allowing the assessee to present complete information.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 124186 (ITAT-PUNE)
• Duration Of Justice: 1 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-10-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2017-2018
• Appeal Filed On: 03-09-2023
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Keywords: Additional evidence

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT आयकर अपील सं. /ITA No.969/PUN/2023 नधा रण वष / Assessment Year : 2017-18 Nirman Developers, 205, Citi Center, Opp. Ayurved Rashala, Near Garware College, Karve Road, Pune 411 004 Maharashtra PAN : AADFN9986H Vs. ITO, Ward-3(1), Pune Appellant Respondent आदेश / ORDER PER R.S. SYAL, VP: This appeal by the assessee arises out of the order dated 06-07-2023 passed by the National Faceless Appeal Centre (NFAC), Delhi u/s.250 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) in relation to the assessment year 2017-18. 2. Heard the rival submissions and perused the relevant material on record. Filtering out unnecessary details, it is seen that the assessment order in this case was passed u/s.143(3) of the Act determining total income at Rs.33,54,650/-. The AO could not conduct proper enquiries due to paucity of time and made an addition u/s.68 of Assessee by Shri Suhas Bora Revenue by Smt. Neha Deshpande Date of hearing 11-10-2023 Date of pronouncement 11-10-2023 ITA No. 969/PUN/2023 Nirman Developers 2 Rs.32.50 lakh consisting of Rs.25.00 lakh and Rs.7.50 lakh. The assessee filed certain additional evidence before the ld. CIT(A), who forwarded the same to the AO for a remand report. The AO, in his remand report, did not admit the additional evidence on the premise of having providing ample opportunities. The ld.CIT(A) allowed part relief. The case of the assessee is that complete information/details are now available with it and hence one more chance be given to produce the same so as to facilitate the completion of the assessment in a proper manner. In view of the facts obtaining in the instant 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 AO with a direction to pass the assessment order afresh as per law after allowing a reasonable opportunity of hearing to the assessee. I order accordingly. Needless to say, the assessee will be at liberty to lead any fresh evidence in support of his case in the fresh assessment. 3. In the result, the appeal is allowed for statistical purposes. Order pronounced in the Open Court on 11 th October, 2023. Sd/- (R.S.SYAL) VICE PRESIDENT प ु णे Pune; दनांक Dated : 11 th October, 2023 Satish ITA No. 969/PUN/2023 Nirman Developers 3 आदेश क त ल प अ े षत/Copy of the Order is forwarded to: 1. अपीलाथ / The Appellant; 2. यथ / The Respondent; 3. The Pr.CIT concerned 4. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, SMC, Pune / DR, ITAT, Pune 5. गाड फाईल / Guard file आदेशान ु सार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune Date 1. Draft dictated on 11-10-2023 Sr.PS 2. Draft placed before author 11-10-2023 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. *