THE WESTERN INDIA GENUINE GHEE COMPANY PRIVATE LIMITED,T J ROAD SEWREE, MUMBAI vs. INCOME TAX OFFICE CIRCLE 8(3)(1), MUMBAI, AAYAKAR BHAWAN,MUMBAI

Per : Narender Kumar Choudhry, Judicial Member:

This appeal has been preferred by the Assessee against the order dated 25.10.2024, impugned herein, passed by the National Faceless
Appeal Center (NFAC)/ Ld. Commissioner of Income Tax (Appeals) (in short Ld. Commissioner) under section 250 of the Income Tax Act, 1961
(in short ‘the Act’) for the A.Y. 2015-16. M/s. The Western India Genuine
Ghee Company Private Limited

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2. Though the Assessee has sought for adjournment, however, considering the fact that the impugned order is an ex-parte, this Court is inclined to proceed with the case by dismissing the adjournment sought for.
3. Heard the parties and perused the material available on record. It appears from the impugned order that the Assessee has challenged the order dated 24.03.2022 u/s 154 of the Act passed by the ITO Ward-
8(3)(2), Mumbai. Notice for the appellate proceedings was issued to the Assessee on 17.09.2024, on which date as per Ld. AR, the Assessee had sought for adjournment but somehow the Ld. Commissioner without adjourning the case further, passed the impugned order on 25.10.2024
whereby affirmed the action of the Assessing Officer (AO) in disallowing the amount of Rs.9,99,224/- u/s 37(1) of the Act on account of alleged interest paid on loan taken for purchase of land, by dismissing the appeal of the Assessee. Admittedly, in the absence of relevant documents/reply/
submission which the Assessee has failed to file due to non-providing the proper opportunity by the Ld. Commissioner, the issue involved in this case remained to be adjudicated in its right perspective and proper manner and therefore for the just and proper decision of the case and in the interest of substantial justice, this Court deem it appropriate to remand the instant case to the file of the Ld. Commissioner for decision afresh, suffice to say by affording reasonable opportunity of being heard to the Assessee. Thus, the case is accordingly remanded to the file of the Ld. Commissioner.
M/s. The Western India Genuine
Ghee Company Private Limited

Order pronounced in the open court on 09.01.2025. (NARENDER KUMAR CHOUDHRY)
JUDICIAL MEMBER
* Kishore, Sr. P.S.

Copy to: The Appellant
The Respondent
The CIT, Concerned, Mumbai
The DR Concerned Bench

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By Order

Dy/Asstt.