BANK OF MAHARASHTRA,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1), PUNE, PUNE
What did the Tribunal hold?
The Tribunal noted the assessee's lack of proper representation before the CIT(A) and the repeated adjournments. In the interest of justice, the matter was remanded to the CIT(A) for fresh consideration, allowing the assessee to file supporting evidence.
What were the facts?
The assessee bank sought an adjournment before the CIT(A) due to a counsel's family tragedy. The CIT(A) had issued 11 notices, and the assessee had repeatedly sought adjournments, leading to dismissal for non-prosecution.
What were the issues?
Whether the dismissal of the appeal by the CIT(A) for non-prosecution, despite repeated adjournment requests, violated principles of natural justice and if the matter should be remanded for fresh consideration.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH, PUNE
Before: SHRI S.S. VISWANETHRA RAVI & SHRI G.D. PADMAHSHALI
आदेश / ORDER
PER S.S. VISWANETHRA RAVI, JM :
This appeal by the assessee against the order dated 27-09-2023 passed by the National Faceless Appeal Centre (“NFAC”), Delhi for assessment year 2018-19.
The assessee filed a letter dated 20-11-2023 through its Assistant General Manager (AGM), Financial Management & Accounts seeking adjournment stating that unavailability of its counsel due to some family tragedy. The ld. DR pointed that the CIT(A), NFAC, Delhi dismissed the appeal of the non-prosecution. On perusal of the record, we note that the CIT(A), NFAC, Delhi issued 11 notices, wherein, the appeal was adjourned from time to time on the request of assessee seeking adjournment which is evident from para 5.3 of the impugned order. Further, the assessee raised ground No. 2 for violation of principles of natural justice before us. In view of the same, we note that there was no proper representation before the CIT(A), NFAC, Delhi, therefore, the adjournment application filed by the assessee is rejected and we proceed to hear the appeal with the assistance of ld. DR.
Heard ld. DR and perused the material available on record. The assessee filed return of income claiming loss, but however, the AO determined the tax liability on book profit u/s. 115JB o the Act inter alia making disallowance on account of section 14A r.w.r. 8D and disallowance of prior period expenses. The same were challenged before the CIT(A), NFAC, Delhi vide grounds forming part of Form No. 35. On perusal of the impugned order, we note that the CIT(A), NFAC, Delhi issued as many as 11 notices, we find the assessee sought adjournment in all the occasions except on 16-09-2022, 02-02-2023 and 31-08-2023 which clearly establishes that there was no assistance from the assessee in supporting the grounds raised
in Form No.
35. Further, the CIT(A), NFAC, Delhi proceeded to confirm the order of AO having no option to decide the case on the basis of material available on record which is evident from para 8 of the impugned order. Thus, taking into facts and circumstances of the case and in the interest of justice, we deem it proper to remand the matter to the file of CIT(A), NFAC, Delhi for its fresh consideration. The assessee is liberty to file evidences, if any, in support of its claim. Thus, the grounds raised by the assessee are allowed for statistical purpose.
In the result, the appeal of assessee is allowed for statistical purpose.
Order pronounced in the open court on 23rd November, 2023.
More judgments on Section 14A
- Blacksoil Capital Private Limited (As… vs DCIT, Circle-1(1), HyderabadITA 2217/HYD/2026[2017-18]Status: Disposed9 Oct 2026AY 2017-18
- Hiral Construction, Mumbai vs ITO Ward 42(1)(2), MumbaiITA 8431/MUM/2025[2017-18]Status: Disposed8 Oct 2026AY 2017-18
- The Dy DIT (It) 1(2), Mumbai vs M/S Citi Bank N.A, MumbaiITA 4981/MUM/2007[2002-2003]Status: Disposed8 Oct 2026AY 2002-2003
- M/S. Citi Bank N.A., Mumbai vs The Addl DIT (It) RG-1, MumbaiITA 4970/MUM/2007[2002-2003]Status: Disposed8 Oct 2026AY 2002-2003
- M/S American Express Bank Ltd., Mumbai vs The Jt DIT (It)1(1), MumbaiITA 9414/MUM/2004[2000-2001]Status: Disposed8 Oct 2026AY 2000-2001
Recent GST High Court judgments
Search GST case law →- Shining Steel Through Its Proprietor Kartik Gupta vs. Union Of INDIA & Ors.Delhi · 27 Oct 2026
- M/S Redamancy World Through Its Proprietor Sanjay Kumar Goel vs. Central Board Of Indirect Taxes And Customs & Ors.Delhi · 27 Oct 2026
- M/S Arj Exim INDIA vs. Additional Commissioner Of CGST, Appeals-Ii, New Delhi And OrsDelhi · 27 Oct 2026
- The State Of Bihar Through The Commissioner Of State Tax vs. Kaushlendra KumarPatna · 27 Oct 2026
- Ayush Sureshchandra Shah vs. State Of GujaratGujarat · 27 Oct 2026