GHATKOPAR SAHAJIVAN CO-OP HOUSING SOCIETY LIMITED,MUMBAI vs. COMMISSIONER OF INCOME TAX(APPEAL), MUMBAI

The assessee has filed an appeal against the order of Commissioner of Income-tax (Appeals)-National Faceless Appeal Centre, Delhi [“Ld. CIT(A)”] passed under section 250 of the Income Tax Act, 1961 (“the Act”) for the Assessment Year (“AY”) 2016-17. The assessee has raised following grounds of appeal:- 1. "CPC/ACIT 27(1), Mumbai has erred while making adhoc disallowance of Rs.470220/-in intimation u/s.143(1) and also in Rectification u/s.154.

The Ld. CIT (A), NFAC erred in dismissing appeal without giving adequate opportunity of hearing and submissions. The earlier two notices dated 5/2/21 and 24/6/21 were served during pandemic of covid and Hon'ble Supreme Court in Misc.application No.21of 2022 extended the time limit for all proceedings. 4. The Ld. CIT (A), NFAC also erred in fact that the natural justice has been violated as the appellant was not provided with the show cause notice. 5. The Ld. CIT (A) ought to have passed speaking order on merits and sufficient opportunity of hearings/submissions ought to have been granted to the appellant.” 2. The Brief facts of the case are that, the assessee is a co- operative housing society and works on principles of mutuality. The assessee has filed return of income for AY 2016-17 on 03.02.2018 disclosing a total income of Rs.NIL. The return of income was processed u/s 143(1) of the Act on 14.06.2018 and the assessed income was determined at Rs.4,70,220/-. Against the intimation U/sec143 (1) of the Act, the assessee has filed a rectification petition and it was rejected vide order u/s 154 of the Act dated 5-06-2020. 3. Aggrieved by the rectification order, the assessee has filed an appeal before the CIT(A), whereas the CIT(A) has considered the 3 Ghatkopar Sahajivan Co-operative Housing Society Ltd.