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Income Tax Appellate Tribunal, SMC BENCH, PUNE
Before: SHRI R.S. SYAL
आदेश / ORDER
PER R.S. SYAL, VP:
This appeal by the assessee arises out of the order dated
21-12-2022 passed by the CIT(A) in National Faceless Appeal
Centre, Delhi u/s.250 of the Income-tax Act, 1961 (hereinafter also
called ‘the Act’) in relation to the assessment year 2014-15.
The appeal is time barred by 58 days. The assessee has filed an
affidavit explaining the reasons for the delay. I am satisfied with the
reasons so stated. The delay is condoned and the appeal is admitted
for disposal on merits.
2 ITA No. 446/PUN/2023
I have heard both the sides and gone through the relevant
material on record. It is seen that the assessment order in this case
was passed u/s.143(3) of the Act on 07-12-2016 determining Nil
income. In the rectification order u/s.154, dt. 30-03-2021, the AO
recomputed the income after disallowing depreciation of
Rs.33,84,042/-, which was although disallowed earlier in the original
order but omitted to be considered at the time of computing the total
income. The assessee contested the validity of the rectification order
u/s.154 before the ld. CIT(A) but without success.
The ld. AR submitted that the AO gave only 3 days time to the
assessee for raising objections against its point of view in the
proceedings u/s.154 of the Act, which was highly insufficient. As
the rectification proceedings were getting time barred, the AO
finalized the same without granting proper opportunity to the
assessee.
Considering the entirety of the facts and circumstances
prevailing in the instant case, I am of the opinion that it would be just
and fair if the impugned order is set-aside and the matter is remitted
to the file of the AO with a direction to pass the rectification order
u/s 154 afresh as per law after allowing reasonable opportunity of
hearing to the assessee. I order accordingly.
3 ITA No. 446/PUN/2023
In the result, the appeal is allowed for statistical purposes.
Order pronounced in the Open Court on 09th June, 2023.
Sd/- (R.S.SYAL) VICE PRESIDENT पुणे Pune; िदनांक Dated : 09th June, 2023 सतीश
आदेश की �ितिलिप अ�ेिषत/Copy of the Order is forwarded to: अपीलाथ� / The Appellant; 1. ��थ� / The Respondent 2. 3. The Pr.CIT concerned 4. DR, ITAT, ‘SMC’ Bench, Pune गाड� फाईल / Guard file. 5.
आदेशानुसार/ BY ORDER,
// True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune
4 ITA No. 446/PUN/2023
Date 1. Draft dictated on 09-06-2023 Sr.PS 2. Draft placed before author 09-06-2023 Sr.PS 3. Draft proposed & placed before JM the second member 4. Draft discussed/approved by JM Second Member. 5. Approved Draft comes to the Sr.PS Sr.PS/PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *