ACQUIRE INFRASTRUCTURE PRIVATE LIMITED,NEW DELHI vs. DEPUTY DIRECTOR OF INCOME TAX, CPC, BENGALURU
Before: SHRI SATBEER SINGH GODARAAssessment Year: 2023-24 Acquire Infrastructure Pvt. Ltd., Third Floor, Dr. Gopal Das Bhawan, 28, Barakhamba Road, New Delhi Vs. Deputy Director of Income Tax, CPC, Bengaluru
This assessee’s appeal for assessment year 2023-24, arises against the Commissioner of Income Tax (Appeals)/Addl./JCIT(A),
Madurai’s
DIN and order no.
ITBA/APL/S/250/2024-
25/1074161556(1), dated 07.03.2025 involving proceedings under section 143(1) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
Heard both the parties. Case file perused.
Assessee by Sh. Pranshu Goel, CA &
Sh. Aditya Gupta, Adv.
Department by Sh. Akhilesh Kumar Yadav, Sr. DR
Date of hearing
05.06.2025
Date of pronouncement
05.06.2025
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It emerges during the course of hearing at the outset that both the learned lower authorities have disallowed the assessee’s claim of cost of improvement for the purpose of computing index cost of the capital asset amounting to Rs.30,28,412/-; in the CPC’s 143(1) processing dated 06.12.2023 and upheld in the lower appellate discussion. 3. That being the case, the tribunal is of the considered view that such a debatable issue requiring the assessee’s supportive evidence at length could not have been summarily disallowed in section 143(1) processing; and, therefore; it is deemed appropriate in the larger interest of justice to restore the same back to the learned Assessing Officer for his afresh appropriate adjudication within three effective opportunities of hearing at the appellant’s risk and responsibility, in consequential proceedings. Ordered accordingly. 4. This assessee’s appeal is allowed for statistical purposes. Order pronounced in the open court on 5th June, 2025 (SATBEER SINGH GODARA)
JUDICIAL MEMBER
Dated: 5th June, 2025. RK/-