M/S. BAGAL TAX LAW SERVICES LLP ,MUMBAI vs. INCOME TAX OFFICER WARD 12(3)(1), MUMBAI
Before: SHRI NARENDER KUMAR CHOUDHRYAssessment Year: 2022-23
Per : Narender Kumar Choudhry, Judicial Member:
This appeal has been preferred by the Assessee against the order dated 17.02.2025, impugned herein, passed by the National
Faceless Appeal Center (NFAC)/ Ld. Commissioner of Income Tax
(Appeals) (in short Ld. Commissioner) u/s 250 of the Income Tax
Act, 1961 (in short ‘the Act’) for the A.Y. 2022-23. M/s. Bagal Tax Law Services LLP
2
2. Admittedly, the AO vide assessment order dated 11.03.2024
u/s. 143(3) r.w.s 144B of the Act, in the scrutiny assessment under CASS, accepted the claim of loss by the Assessee with regard to the long term capital gain of -Rs.65,83,486/- as well as, accepted the return of income and completed the assessment. However, in the final computation of taxable income, the AO mentioned nothing which amounts to non-application of mind. Though the Assessee has challenged the said assessment order by filing first appeal before the Ld. Commissioner, however, in spite of giving four opportunities the Assessee made no compliance and therefore in the constrained circumstances and by holding that the Assessee failed to produce any substantial evidence to over turn the decision made by the AO in impugned assessment order, the Ld.
Commissioner dismissed the grounds of appeal raised by the Assessee as well as the appeal filed by the Assessee by construing
‘that the Assessee is not interested in prosecuting its appeal and therefore he is refraining from discussion and decision on the grounds of appeal on merit.’
The Ld. Counsel for the Assessee has demonstrated from the calculation sheet (page no. 13 to 16 of paper book) wherein the AO has determined the total income of the Assessee at Rs.14,77,530/- which according to the Ld. Counsel for the Assessee is neither correct nor in sync/consonance with the assessment order, whereby the final determination has been made by the assessing officer but without final computing the taxable income. Thus, considering the peculiar facts and circumstances in totality, as the said factual facts are not disputed by the Ld. DR as well, this Court is inclined to remand the instant case to the file of the AO for recomputation of taxable income, in accordance with the assessment order and/or determination made by him, without M/s. Bagal Tax Law Services LLP 3 making any reasoning enquiry and/or deviating from the assessment order dated 11.03.2024. 4. In the result, Assessee’s appeal is allowed for statistical purposes in the aforesaid terms.
Order pronounced in the open court on 12.06.2025. (NARENDER KUMAR CHOUDHRY)
JUDICIAL MEMBER
* Anandi, Stenographer.
Copy to: The Appellant
The Respondent
The CIT, Concerned, Mumbai
The DR Concerned Bench
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By Order
Dy/Asstt.