ROMA INFRASTRUCTURES INDIA PVT LTD,ANANTAPUR V. INCOME TAX OFFICER., WARD-1, ANANTAPUR

ITA 1392/HYD/2025

AI Insights

M/s. Roma Infrastructures India Private Limited filed an appeal against the order of the Learned Commissioner of Income Tax (Appeals), which had dismissed their earlier appeal due to non-compliance with notices during the appellate proceedings. The Tribunal found that the CIT(A) had incorrectly stated that no submissions were filed by the assessee, despite evidence to the contrary. This led to a violation of the principles of natural justice, prompting the Tribunal to set aside the CIT(A)'s order and remand the case for fresh consideration.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 790450 (ITAT-HYDERABAD)
• Duration Of Justice: 3 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-12-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Assessment Year: 2017-2018
• Appeal Filed On: 29-08-2025
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S SANDHYA
• Keywords: Set aside; Opportunity of being heard; Principle of natural justice
• Section: 147; 144

Judgement Text

" ITA No 1392 of 2025 Roma Infrastructures India Private Limited Page 1 of 5 आयकर अपीलȣय अͬधकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘ DB-B ‘ Bench, Hyderabad ŵी रिवश सूद,Ɋाियक सद˟ एवं ŵी मधुसूदन साविड़या लेखा सद˟ समƗ | Before Shri Ravish Sood, Judicial Member A N D Shri Madhusudan Sawdia, Accountant Member आ.अपी.सं /ITA No.1392/Hyd/2025 (िनधाŊरण वषŊ/Assessment Year: 2017-18) M/s. Roma Infrastructures India Private Limited, Anantapur PAN:AAECR8821M Vs. Income Tax Officer Ward – 1 Anantapur (Appellant) (Respondent) िनधाŊįरती Ȫारा/Assessee by: Advocate S Sandhya राज̾ व Ȫारा/Revenue by:: Dr. Sachin Kumar, Sr. DR सुनवाई की तारीख/Date of hearing: 27/11/2025 घोषणा की तारीख/Pronouncement: 05/12/2025 आदेश/ORDER Per Madhusudan Sawdia, A.M.: This appeal is filed by M/s. Roma Infrastructures India Private Limited (“the assessee”), feeling aggrieved by the order passed by the Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (“Ld. CIT(A)”) dated 21.08.2025 for the A.Y. 2017-18. Printed from counselvise.com ITA No 1392 of 2025 Roma Infrastructures India Private Limited Page 2 of 5 2. The assessee has raised the following grounds of appeal: 3. The brief facts of the case are that the assessee filed an appeal before the Ld. CIT(A) against the assessment order passed Printed from counselvise.com ITA No 1392 of 2025 Roma Infrastructures India Private Limited Page 3 of 5 by the Learned Assessing Officer (“Ld. AO”) for the assessment year 2017-18 under section 147 read with sections 144 and 144B of the Income Tax Act, 1961 (“the Act”) dated 30.03.2022. The Ld. CIT(A) dismissed the appeal of the assessee on the ground that the assessee failed to comply with the notices issued during the appellate proceedings. Aggrieved by the order of the Ld. CIT(A), the assessee is in appeal before this Tribunal. 4. During the course of hearing, the Learned Authorized Representative (“Ld. AR”) submitted that the Ld. CIT(A) passed the impugned order on 21.08.2025. She invited our attention to the acknowledgment of submissions filed before the Ld. CIT(A), placed at page no. 53 of the paper book, and submitted that the assessee had furnished written submissions before the Ld. CIT(A) on 14.01.2025 in response to the notice dated 07.01.2025. The Ld. AR further invited our attention to para no. 4.4 of the order of the Ld. CIT(A), wherein it has been stated that the assessee failed to furnish any written submission in response to the notices issued. It was contended that this finding is factually incorrect, since the assessee’s submissions were indeed filed before the passing of the order on 21.08.2025. Therefore, the impugned order has been passed without considering the submissions placed on record and is consequently violative of the principles of natural justice. It was accordingly submitted that the order of the Ld. CIT(A) deserves to be set aside and the matter may be remanded for fresh consideration. Printed from counselvise.com ITA No 1392 of 2025 Roma Infrastructures India Private Limited Page 4 of 5 5. Per contra, the Learned Departmental Representative (“Ld. DR”) did not raise any serious objection to the submission of the assessee and fairly left the matter to the discretion of the Tribunal. 6. We have carefully considered the submissions of the Ld. AR and the Ld. DR and examined the material available on record. From the acknowledgment placed at page no. 53 of the paper book, it is evident that the assessee had filed written submissions on 14.01.2025 before the Ld. CIT(A). However, the Ld. CIT(A), in para no. 4.4 of the impugned order, has categorically stated that no submissions were filed by the assessee. This factual inconsistency clearly indicates that the submissions filed by the assessee were not considered while disposing of the appeal. An appellate order passed without considering the written submissions placed before it suffers from violation of the principles of natural justice and cannot be sustained. Therefore, in the interest of justice, and to provide the assessee a fair opportunity of being heard, we deem it appropriate to set aside the impugned order of the Ld. CIT(A) and restore the matter to his file for de novo adjudication. The Ld. CIT(A) shall consider the submissions already filed by the assessee and shall also afford the assessee liberty to file any further evidence or explanation in support of his claim. The assessee is directed not to seek unnecessary adjournments and to cooperate in the appellate proceedings, failing which the Ld. CIT(A) shall be at liberty to decide the matter in accordance with law. Printed from counselvise.com ITA No 1392 of 2025 Roma Infrastructures India Private Limited Page 5 of 5 7. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the Open Court on 5th December 2025. Sd/- Sd/- (RAVISH SOOD) JUDICIAL MEMBER (MADHUSUDAN SAWDIA) ACCOUNTANT MEMBER Hyderabad, dated 5th December 2025 Vinodan/sps Copy to: S.No Addresses 1 Roma Infrastructures India (P) Ltd, 12-4-109 Near L&T Office, Obuladev Nagar, Housing Board Colony, Anantapur 515001 2 Income Tax Officer Ward 1 Anantapur 3 Pr. CIT - Kurnool 4 DR, ITAT Hyderabad Benches 5 Guard File By Order Printed from counselvise.com "