LIFE MONTAGE CO-OPERATIVE HOUSING SOCIETY LTD,PUNE V. ITO, WARD-2(2), PUNE, PUNE

ITA 261/PUN/2025

AI Insights

The case involves Life Montage Cooperative Housing Society Ltd., which appealed against the order of the National Faceless Appeal Centre, Delhi, concerning the assessment year 2020-21. The appeal was directed against an ex-parte order that confirmed additions made by the Assessing Officer due to non-compliance with statutory notices. The Tribunal noted the assessee's request for another opportunity to present necessary details and, considering the circumstances, decided to remit the matter back to the ld.CIT(A) for a fresh examination.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 669053 (ITAT-PUNE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-06-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2020-2021
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S. SADANANDA SINGH
• Assessee Lawyers: PRATIK SANDBHOR
• Keywords: Set aside; Opportunity of being heard
• Section: 142(1)

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES “SMC”, PUNE BEFORE DR.MANISH BORAD, ACCOUNTANT MEMBER आयकर अपील सं. / ITA No.261/PUN/2025 Assessment Year : 2020-21 Life Montage Cooperative Housing Society Ltd., S.No.214, Hissa No.3, Sus, Mulshi, Pune 411 021 Maharashtra PAN : AACAL3975C Vs. Income Tax Officer, Ward-2(2), Pune Appellant Respondent आदेश / ORDER This appeal filed by the assessee pertaining to the assessment year 2020-21 is directed against the order dated 07.03.2024 of National Faceless Appeal Centre, Delhi passed u/s.250 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) arising out of the Assessment Order dated 19.09.2022 passed u/s.143(4) r.w.s.144B of the Act. 2. At the outset, Ld. Counsel for the assessee stated that the impugned order is exparte and assessee failed to furnish necessary details, therefore, prayed for providing one more opportunity to go before ld.CIT(A) and file necessary details in order to plead the grounds of appeal raised against the addition made by the Assessing Officer. Ld. Departmental Representative did not oppose this request. 3. I have heard the rival contentions and perused the record placed before me. I notice that the assessee is a Housing Society Assessee by : Shri Pratik Sandbhor (Through Virtual) Revenue by : Shri S. Sadananda Singh Date of hearing : 17.06.2025 Date of pronouncement : 23.06.2025 ITA No.261/PUN/2025 Life Montage Coop Housing Society Ltd. 2 and had furnished the return of income for A.Y. 2020-21 on 10.01.2021 which was subsequently revised on 31.03.2021. Case selected for limited scrutiny for the reason “Deductions from Income from Other Sources. Statutory notices u/s.143(2) and 142(1) were validly served and there were some online responses from assessee’s side but the last show cause notice dated 29.08.2022 remained to be complied by the assessee. As a result ld. Assessing Officer framed best judgment assessment and made certain additions. Additions challenged by the assessee before ld.CIT(A) but thereafter for non-compliance the additions made by ld.AO have been confirmed. Under the given facts and circumstances and also considering the prayer made by ld. Counsel for the assessee, I deem it proper to give one more opportunity to the assessee and remit back the issues raised on merit to the file of ld.CIT(A) for necessary adjudication. Needless to say that ld.CIT(A) shall give reasonable opportunity of being heard to the assessee and after considering the submissions of the assessee pass a speaking order as contemplated u/s.250(6) of the Act. Impugned order is set aside and the effective 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 23rd day of June, 2025. Sd/- (MANISH BORAD) ACCOUNTANT MEMBER पुणे / Pune; \u0001दनांक / Dated : 23rd June, 2025. Satish ITA No.261/PUN/2025 Life Montage 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, “SMC” ब\u0014च, पुणे / DR, ITAT, “SMC” Bench, Pune. 5. गाड\u0004 फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune "