Y. SRINIVASA RAJU & COMPANY PRIVATE LIMITED ,BENGALURU vs. INCOME TAX OFFICER, WARD-7(1)(3), BANGALORE

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ITA 545/BANG/2025Status: DisposedITAT Bangalore29 July 2025AY 2015-165 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the Ld.CIT(A) erred in dismissing the assessee's appeal on technical grounds. The Tribunal found that the assessee had attached an 'online service of orders – letter dated 28.08.2024' with Form-35, which, in the Tribunal's view, constituted the order passed under section 154 of the Act rejecting the assessee's rectification application. This document was admittedly attached to Form-35, and the assessee had also provided the same date in Form-35. The Tribunal concluded that the Ld.CIT(A)'s interpretation of this document as merely a letter, rather than an order, was an error. Therefore, the dismissal of the appeal for technical reasons was incorrect. The Tribunal directed the Ld.CIT(A) to consider the assessee's appeal on its merits. The appeal was allowed for statistical purposes.

What were the facts?

The assessee, M/s. Y Srinivasa Raju & Company Private Limited, is in appeal before the ITAT Bangalore for Assessment Year (AY) 2015-16. The appeal challenges an order dated 24.02.2025 passed by the National Faceless Appeal Centre (NFAC), Delhi (referred to as the Ld.CIT(A)). The Ld.CIT(A) had dismissed the assessee's appeal against a rectification order dated 28.08.2024 passed by the Income Tax Officer, KAR-W-(131)(3). The assessee's sole grievance is that the Ld.CIT(A) dismissed its appeal on technical grounds, stating that an order under section 154 of the Income Tax Act, 1961, was not attached to Form-35. The assessee is a real estate developer. Its case was reopened under section 148, and a return was filed declaring income of Rs.1,41,52,230/-. An assessment order was passed on 29.03.2022 under section 147 rws 144B. Subsequently, the assessee filed a section 154 application on 13.10.2023 regarding an error in interest computation, which was rejected by the order dated 28.08.2024.

What were the issues?

1. Whether the Ld.CIT(A) erred in dismissing the assessee's appeal on the technical ground that an order passed under section 154 of the Income Tax Act, 1961, was not attached to Form-35, when the assessee had attached an online service of orders – letter dated 28.08.2024, which was the order rejecting the rectification application. Assessee's Contention: The assessee contended that it had attached the order dated 28.08.2024, which was the order passed under section 154 of the Act, to Form-35. This order was acknowledged by the Ld.CIT(A). The assessee argued that the Ld.CIT(A) wrongly construed this document as merely a letter and not an order, leading to an incorrect dismissal of the appeal on technical grounds. Revenue's Contention: The judgment does not record any specific contentions made by the revenue.

Which sections of the Income-tax Act were involved?

Section 154,Section 148,Section 143(2),Section 147,Section 144B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BANGALORE BENCHES ‘“B”, BANGALORE

Before: Shri Prashant Maharishi, Hon’ble & Shri Soundararajan K., Hon’ble

For Appellant: Ms. Sunaina Bhatia, CA
Hearing: 22.07.2025Pronounced: 29.07.2025

(A.Y. 2015-16) M/s. Y Srinivasa Raju & vs. The Income Tax Officer Company Private Limited Ward – 7(1)(3) #79 Srinivasa Complex Bangalore. Seshadripuram Bengaluru – 560020 Karnataka PAN: AACCS0203W (Applicant) (Respondent) Assessee Represented by: Ms. Sunaina Bhatia, CA Department Represented by: Sri. Thamba Mahendra, JCIT Date of Hearing : 22.07.2025 Date of Pronouncement:29.07.2025 O R D E R Per Prashant Maharishi, Vice President: 1. Captioned appeal is filed by M/s. Y Srinivasa Raju & Company Private Limited [ Assessee/ Appellant] for the A.Y. 2015-16 against the Appellate Order passed by National Faceless Appeal Centre, Delhi (“the Ld.CIT(A)”] dated 24.02.2025 wherein the appeal filed by the assessee against the rectification order passed under section 154 of the Income Tax Act, 1961 (“the Act”) dated 28.08.2024 by

2.

The only grievance of the assessee is that the Ld.CIT(A) has dismissed the appeal of the assessee because there is no order passed under section 154 of the Act attached with the appeal memo in Form-35.

3.

The brief facts show that assessee company is a Private Limited Company engaged in the business of Real Estate Development and leasing of a Commercial Properties. Assessee did not file any return of income; an information was received that assessee has sold an immovable property but did not offer the capital gains. Accordingly, the case of the assessee was reopened by issue of notice under section 148 of the Act on 30.03.2021. The assessee filed return by declaring income of Rs.1,41,52,230/-and in response to that the Ld. Assessing Officer (“the Ld.AO”) issued notice under section 143(2) of the Act. Consequently, the Ld. AO found that the assessee has computed the Long Term Capital Gains at Rs.1,57,79,382/- which was accepted, and

4.

Subsequently, it is stated that assessee has filed an application dated 13.10.2023 under section 154 of the Act stating that there is an error in the computation of interest charged. Against this, order under section 154 of the Act was passed rejecting the same on 28.08.2024.

5.

Assessee preferred an appeal before the Ld.CIT(A) wherein the assessee challenged the order dated 28.08.2024.

6.

The Ld.CIT(A) stated that there is no order passed under section 154 of the Act dated 28.08.2024 attached to Form- 35 and therefore the appeal of the assessee was dismissed as technically defective.

7.

We have heard rival contentions and find that the assessee attached with Form-35 an online service of orders – letter dated 28.08.2024 which is according to us the order passed under section 154 of the Act, rejecting the rectification application of the assessee. This letter was admittedly attached with Form–35. In Form-35 also the assessee has 3 M/s. Y Srinivasa Raju & Company Private Limited given the same date of the order. According to us the same is order passed by the Ld. AO. This order has been construed by the Ld.CIT(A) as merely a letter and not an order. We find this is an error of the Ld.CIT(A). The impugned order under section 154 of the Act was passed on 28.08.2024 for the A.Y. 2015-16 which is attached with Form 35 acknowledged by the Ld.CIT(A) and therefore the appeal of the assessee dismissed for technical reason is not correct.

8.

Hence we direct the Ld.CIT(A) to consider the appeal of the assessee and decide it on the merits of the case. Accordingly, appeal of the assessee is allowed for statistical purposes.

Order pronounced in the open court on 29th July, 2025.

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