UNIVERSAL AUTO GEARS LLP,KOLAR vs. ACIT, CIRCLE-4(2)(1), BANGALORE

ITA 1370/BANG/2025Status: DisposedITAT Bangalore12 November 2025AY 2016-17Bench: SHRI LAXMI PRASAD SAHU (Accountant Member), SHRI SOUNDARARAJAN K. (Judicial Member)1 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal, acknowledging the assessee's failure to appear before the CIT(A) due to carelessness, granted a chance for denovo consideration by setting aside the CIT(A)'s order. A cost of Rs. 10,000 was imposed.

What were the facts?

The assessee, an LLP, filed a return declaring a loss. The AO treated a loan received as deemed dividend under section 2(22)(e) and also added excess depreciation as business income. The assessee's appeal before the CIT(A) was dismissed for non-prosecution.

What were the issues?

Whether the CIT(A)'s order dismissing the appeal for non-prosecution should be set aside to allow denovo consideration, and if so, on what terms?

Which sections of the Income-tax Act were involved?

Section 143(1),Section 143(2),Section 142(1),Section 2(22)(e)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH : BANGALORE

Before: SHRI LAXMI PRASAD SAHU & SHRI SOUNDARARAJAN K.

For Appellant: Shri Pranav Krishna, Advocate
For Respondent: Shri Subramanian .S, JCIT-DR

PER SOUNDARARAJAN K., JUDICIAL MEMBER

This is an appeal filed by the assessee challenging the order of the NFAC, Delhi dated 30/05/2025 in respect of the A.Y. 2016-17. 2. The assessee is an LLP and filed their return of income on 10/10/2016 and declared a loss of Rs. 1,10,06,706/-. Thereafter the return was processed u/s. 143(1) of the Act. The case of the assessee was selected for limited scrutiny and notice u/s. 143(2) was issued on 17/07/2017. A notice u/s. 142(1) was also issued. Detailed explanations were offered by the assessee. The AO based on the audit notes on accounts to the audit report form 3 CD and also from sched

The order continues below.

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