KOLHAR BHAGWATIPUR VAPARI GRAMIN BIGARSETHI SAHAKARI PATSANTHA LTD,AHMEDNAGAR vs. INCOME TAX OFFICER, WARD-1, AHMEDNAGAR, AHMEDNAGAR

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ITA 615/PUN/2023Status: DisposedITAT Pune09 June 2023AY 2018-193 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the CIT(A)'s ex parte order and remitted the matter back to the CIT(A). The CIT(A) was directed to decide the appeal afresh after providing the assessee with a reasonable opportunity of being heard.

What were the facts?

The assessee's appeal was dismissed ex parte by the CIT(A) due to the assessee's absence. The original assessment order had disallowed deduction under Section 80P on interest income from bank deposits.

What were the issues?

Whether the CIT(A) erred in passing an ex parte order without affording the assessee a proper opportunity of hearing. The primary issue of disallowance of Section 80P deduction is to be reconsidered.

Which sections of the Income-tax Act were involved?

Section 80P,Section 250,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SMC BENCH, PUNE

Before: SHRI R.S. SYAL

For Appellant: Shri Prasad S. Bhandari
For Respondent: Shri Gurmel Singh

आदेश / ORDER

PER R.S. SYAL, VP:

1.

This appeal by the assessee arises out of the order ex parte dated 24-03-2023 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 2018-19.

2.

It is seen that the assessment order in this case was passed u/s.143(3) of the Act disallowing the deduction u/s.80P on the interest income received by the assessee from the deposits kept with Nationalised Banks. The ld. CIT(A) passed the order ex parte dismissing the appeal in the absence of the assessee, which fact has been recorded in 4.10 of the impugned order.

3.

After hearing both the sides and considering the entirety of facts and circumstances of the 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 ld. CIT(A) with a direction to decide the appeal afresh after allowing a reasonable opportunity of hearing to the assessee. I order accordingly. The ld. AR has undertaken that the assessee will render full assistance to the ld. first appellate authority in such fresh proceedings.

4.

In the result, the appeal is allowed for statistical purposes. Order pronounced in the Open Court on 09th June, 2023.

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