PROADCAT INDIA LIMITED,KOLHAPUR V. ACIT CIRCLE-1, KOLHAPUR

ITA 1852/PUN/2025

AI Insights

Proadcat India Limited appealed against the order of the CIT(A)/NFAC, which had dismissed their appeal for want of prosecution. The original assessment included an arm's length price adjustment and disallowance of miscellaneous expenses, resulting in a reduced loss figure for the assessee. The Tribunal noted that the assessee did not receive proper notice of the hearing due to an incorrect email ID, which led to their absence. The Tribunal decided to remand the case back to the CIT(A) for a fresh hearing, emphasizing the need for the assessee to be given a fair opportunity to present their case.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 780567 (ITAT-PUNE)
• Duration Of Justice: 2 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-10-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2017-2018
• Appeal Filed On: 04-08-2025
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BHARAT ANDHALE
• Keywords: Transfer pricing; International transaction
• Section: 143(3)

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI MANISH BORAD, ACCOUNTANT MEMBER AND SHRI VINAY BHAMORE, JUDICIAL MEMBER आयकर अपील सं. / ITA No.1852/PUN/2025 िनधाᭅरण वषᭅ / Assessment Year : 2017-18 Proadcat India Limited, Plot No.412, Sheloli Bhudargad, Kolhapur- 416210. PAN : AAECA8957D Vs. ITO, National e- Assessment Centre, Delhi. Appellant Respondent आदेश / ORDER PER VINAY BHAMORE, JM: This appeal filed by the assessee is directed against the order dated 08.12.2023 passed by Ld. CIT(A)/NFAC for the assessment year 2017-18. 2. There is delay in filing of the present appeal. We are satisfied with the reasons mentioned in the affidavit for condonation that the applicant was prevented by sufficient cause for not filing the appeal within the prescribed time limit. After hearing Ld. DR, we condone the delay and proceed to adjudicate the appeal. Assessee by : None Revenue by : Shri Bharat Andhale Date of hearing : 07.10.2025 Date of pronouncement : 10.10.2025 Printed from counselvise.com ITA No.1852/PUN/2025 2 3. Facts of the case, in brief, are that the assessee is a company engaged in manufacturing, distributing and sale of catylist of ceramic bed support used in petrochemical plants and distilleries. The assessee filed its return of income on 22.11.2017 declaring loss of Rs.1,60,45,117/-. The said return of income was processed u/s 143(3) of the IT Act and the assessment was completed on 22.03.2021 by determining loss of Rs.61,25,433/-. The above assessed income includes addition of Rs.96,77,203/- on the basis of arm’s length price adjustment to value of international transaction and disallowance of miscellaneous expenses of Rs.2,42,541/-. 4. Since the assessee remained absent, Ld. CIT(A)/NFAC dismissed the appeal filed by the assessee for want of prosecution. 5. It is the above order against which the assessee is in appeal before this Tribunal. 6. When the appeal was called for hearing, neither anybody appeared on behalf of the appellant-assessee nor any application for adjournment was filed despite due service of notice of hearing. Therefore, we proceed to adjudicate the appeal on the basis of material available on record as well as after hearing Ld. DR. Printed from counselvise.com ITA No.1852/PUN/2025 3 7. We have heard Ld. DR and perused the material available on record. In this regard, we find that the notices of hearing were sent on an email ID which was not used by the assessee and in the absence of any information regarding dates of hearing the assessee could not attend the appellate proceedings. It is the sole prayer of the assessee that if one opportunity is provided to him, he is in a position to support the grounds of appeal before Ld. CIT(A)/NFAC. Considering the totality of the facts of the case and in the interest of justice and without going into merits of the case, we deem it appropriate to set-aside the impugned ex-parte order passed by Ld. CIT(A)/NFAC and remand the matter back to his file with a direction to decide the appeal afresh as per fact and law after providing reasonable opportunity of hearing to the assessee. The assessee is also hereby directed to respond to the notices issued by Ld. CIT(A)/NFAC in this regard and produce relevant documents/evidences in support of its contentions without taking any adjournment under any pretext, otherwise Ld. CIT(A)/NFAC shall be at liberty to pass appropriate order as per law. Thus, the grounds raised by the assessee are allowed for statistical purposes. Printed from counselvise.com ITA No.1852/PUN/2025 4 8. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on this 10th day of October, 2025. Sd/- Sd/- (MANISH BORAD) (VINAY BHAMORE) ACCOUNTANT MEMBER JUDICIAL MEMBER पुणे / Pune; ᳰदनांक / Dated : 10th October, 2025. Sujeet आदेश कᳱ ᮧितिलिप अᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The Pr. CIT concerned. 4. िवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, “B” बᱶच, पुणे / DR, ITAT, “B” Bench, Pune. 5. गाडᭅ फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune. Printed from counselvise.com "