LAKE TOWN CO-OPERATIVE HOUSING SOCIETY LTD.,PUNE V. ITO, WARD 5(2), PUNE, PUNE

ITA 442/PUN/2025

AI Insights

The case involves Lake Town Cooperative Housing Society Limited, the appellant, contesting an assessment order for the Assessment Year 2022-23. The appeal was directed against the order of the National Faceless Appeal Centre (NFAC), Delhi, which was passed under section 250 of the Income Tax Act, 1961, arising from an assessment order dated 29.01.2024 under sections 144 and 144B of the Act. The primary contention was that the ld.CIT(A) did not adjudicate a specific ground of appeal concerning the revised computation of income submitted by the appellant during the assessment proceedings. Both the appellant's counsel and the Departmental Representative agreed that the matter should be remanded back to the ld.CIT(A) for a decision on this ground.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 652689 (ITAT-PUNE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-06-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2022-2023
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VISHWAS S. MUNDHE
• Assessee Lawyers: HARI KRISHAN

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES “A”, PUNE BEFORE DR.MANISH BORAD, ACCOUNTANT MEMBER AND MS. ASTHA CHANDRA, JUDICIAL MEMBER आयकर अपील सं. / ITA No.442/PUN/2025 Assessment Year : 2022-23 Lake Town Cooperative Housing Society Limited, S.No.11, Lake Town Coop. Housing Society Ltd., Katraj, Pune 411 046 Maharashtra PAN : AAAAL3427D Vs. Income Tax Officer, Ward-5(2), Pune Appellant Respondent आदेश / ORDER PER DR. MANISH BORAD, ACCOUNTANT MEMBER : The captioned appeal at the instance of assessee pertaining to A.Y. 2022-23 is directed against the order dated 20.12.2024 of National Faceless Appeal Centre, (NFAC), Delhi passed u/s.250 of the Income Tax Act, 1961 (in short ‘the Act’) arising out Assessment Order dated 29.01.2024 passed u/s.144 r.w.s.144B of the Act. 2. At the outset, Ld. Counsel for the assessee submitted that ld.CIT(A) has not adjudicated the following ground of appeal No.4 submitted in Form No.35 which reads as follows : “4. On the facts and circumstances of the case and in law, the learned Assessing \"Officer has erred in not considering the revised computation of income submitted by the Appellant during Assessment Proceedings, Appellant by : Shri Hari Krishan Respondent by : Shri Vishwas S. Mundhe Date of hearing : 09.06.2025 Date of pronouncement : 17.06.2025 ITA No.442/PUN/2025 Lake Town Coop. Housing Society Ltd. 2 depicting the correct income of the Appellant of Rs.5,29,412/- as against Rs.38,29,670/- shown in the Return of Income.\" He therefore requested that the matter may please be restored to the file of ld.CIT(A) for afresh adjudication. Ld. Departmental Representative did not oppose this request. 3. We have duly considered the rival submissions and the record placed before us. The solitary grievance of the assessee before us is that ld.CIT(A) has not adjudicated the ground of appeal No.4 submitted in Form No.35. We have perused the impugned and find that ld.CIT(A) has not adjudicated the said ground raised before him. We therefore considering the request of the assessee and in the larger interest of justice deem it proper to restore the issue to the file of ld.CIT(A) for the limited purpose of adjudication of Ground No.4 raised in Form No.35. Needless to say that ld.CIT(A) shall grant reasonable opportunity of hearing and after considering the submissions of assessee pass a speaking order as contemplated u/s.250(6) of the Act and in accordance with law. Grounds of appeal raised by the assessee are allowed for statistical purposes. 4. In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced on this 17th day of June, 2025. Sd/- Sd/- (ASTHA CHANDRA) (MANISH BORAD) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; \u0001दनांक / Dated : 17th June, 2025. Satish ITA No.442/PUN/2025 Lake Town Coop. Housing Society Ltd. 3 आदेश क\u0002 \u0003ितिलिप अ ेिषत / Copy of the Order forwarded to : 1. अपीलाथ / The Appellant. 2. \u000eयथ / The Respondent. 3. The Pr. CIT concerned. 4. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, “A” ब\u0014च, पुणे / DR, ITAT, “A” Bench, Pune. 5. गाड\u0004 फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune. "