VISHNU LAXMI CO - OP. GRAPE DISTILLERY LIMITED,SOLAPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, SOLAPUR, SOLAPUR

PDF · subscribers
ITA 608/PUN/2023Status: DisposedITAT Pune01 August 2023AY 2013-143 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the ends of justice would be met by setting aside the impugned order. The matter was restored to the CIT(A) to dispose of the appeal afresh after considering the written submissions and allowing further opportunity of hearing.

What were the facts?

The assessee appealed against an order passed by the CIT(A). The assessee had filed written submissions before the CIT(A) which were inadvertently omitted to be considered.

What were the issues?

Whether the CIT(A) erred by not considering the written submissions filed by the assessee before passing the order.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH, ‘B’ PUNE

Before: SHRI R.S. SYAL & SHRI S.S.VISWANETHRA RAVI

For Appellant: Shri Bhuvanesh Kankani
For Respondent: Shri Ajay Kumar Kesari

आदेश / ORDER

PER R.S. SYAL, VP :

1.

This appeal by the assessee is directed against the order dt. 23-03-2023 passed by the CIT(A) in National Faceless Appeal Centre (NFAC) u/s.250 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) in relation to the assessment year 2013-14.

2.

We have heard both the sides and gone through the relevant material on record. The assessee has raised certain issues qua the additions made by the Assessing Officer (AO) and sustained in the first appeal. It was brought to our notice that the written submissions filed before the ld. CIT(A) on 01-11-2022 (copy of Vishnu Laxmi Co.op Grape Distillery Limited acknowledgement placed on page 1 of the paper book) and 23-11-2022 (copy placed at page 19 of the paper book) have been omitted to be considered by the ld. CIT(A). The ld. DR could not controvert the factual position in this regard. In view of the fact that the written submissions filed by the assessee on two different dates have been inadvertently omitted to be considered by the ld. CIT(A), we are of the considered opinion that the ends of justice would meet adequately if the impugned order is set aside and the matter is restored to his file. We order accordingly and direct the ld. CIT(A) to dispose of the appeal afresh after considering the written submissions filed by the assessee and allowing further opportunity of hearing.

3.

In the result, the appeal is allowed for statistical purposes.

Order pronounced in the Open Court on 01st August, 2023.

Recent GST High Court judgments

Search GST case law →