SHIVALAY PROPERTIES,PUNE vs. DCIT, CIRCLE 5, PUNE, PUNE
आयकर अपीलीय अिधकरण ”एस एम सी” Ɋायपीठ पुणेमŐ।
IN THE INCOME TAX APPELLATE TRIBUNAL
PUNE BENCHES “SMC” :: PUNE
BEFORE DR.DIPAK P. RIPOTE, ACCOUNTANT MEMBER
AND SHRI VINAY BHAMORE, JUDICIAL MEMBER
आयकर अपील सं. / ITA No.801/PUN/2025
िनधाᭅरण वषᭅ / Assessment Year: 2023-24
Shivalay Properties,
Office No.27, Saujay Garden,
Parshwa Building, 12 Mukund
Nagar, Pune – 411037. Maharashtra.
V s
The DCIT,
Circle-5, Pune.
PAN: ABGFS7797D
Appellant/ Assessee
Respondent / Revenue
Assessee by Shri Kishore Phadke – AR(Virtual)
Revenue by Smt. Sonal L Sonkavde –Addl.CIT(DR)
Date of hearing
03/06/2025
Date of pronouncement 23/06/2025
आदेश/ ORDER
PER DR. DIPAK P. RIPOTE, AM:
This is an appeal filed by the assessee directed against the order of ld.Addl./Joint Commissioner of Income Tax(Appeal),
Mysore under section 250 of the Income Tax Act, 1961 dated
10.01.2025for the A.Y.2023-24 emanating from order under section 143(1) of the Act, dated 09.01.2024. The Assessee has raised the following grounds of appeal :
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“1. The learned CIT(A), AddI/JCIT (A), Mysore "hereafter referred as CIT(A)"; erred in law and on facts in upholding intimation u/s 143(1) dated 06/08/2021 passed by, DCIT, CPC Bangalore thereby denying the TDS credit of Rs. 14,05,622/-
Without prejudice to the above ground of appeal, any balance TDS Credit that is not allowed to be utilised during the PY 2022-23 should be allowed to be carried forward to the subsequent year
Appellant craves leave to add, alter, clarify, explain, modify, delete any or all of the grounds of appeal, and to seek any just and fair relief.”
Submission of ld.AR :
The ld.Authorised Representative(ld.AR) for the Assessee submitted that ld.CIT(A) has dismissed the appeal of the assessee because of the reason that Assessee failed to justify how all the receipts would be accounted in the Return of Income. However, Ld.AR submitted that Assessee could not file submission, hence, one more opportunity may kindly provided.
Submission of ld.Departmental Representative(ld.DR) :
The ld.DR for the Revenue relied on the order of Assessing Officer(AO) and ld.CIT(A)[NFAC].
ITA No.801/PUN/2025 [A]
Findings & Analysis :
We have heard both the parties and perused the records. In this case, it was prayed by the ld.AR that one more opportunity may be provided. The relevant paragraph 7 of ld.CIT(A)’s order is reproduced here as under : “7. The appellant raised three grounds of appeal. First two grounds of appeal no.1 and 2 are related to restriction of TDS claim. On perusal of the material available on records, total receipts available in 26AS was Rs.14,46,14,100/-. Out of this, the appellant declared Rs.40,52,274/- as total receipts in the return of income. As the appellant failed to declare all receipts in the return of income, rule 37BA was attracted and proportionate TDS of Rs.40,522/- was correctly allowed by the AO. During the appellant proceedings, the appellant failed to justify how all the receipts would be accounted in the return of income as the appellant remained non responsive even after allowing multiple opportunities. In view of this, the restriction of TDS in the order u/s.143(1) is upheld and the grounds of appeal are dismissed.”
1 Thus, it is observed that since assessee failed to file details, ld.CIT(A) confirmed the disallowance. Therefore, in the interest of justice, we set-aside the order of ld.CIT(A) to ld.CIT(A) for denovo adjudication. The ld.CIT(A) shall provide opportunity to the assessee. Assessee shall file all necessary documents before the ld.CIT(A) within Three effective opportunities. Accordingly, grounds of appeal raised by the assessee are allowed for statistical purpose.
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5. In the result, appeal of the assessee is allowed for statistical purpose.
Order pronounced in the open Court on 23 June, 2025. (VINAY BHAMORE)
ACCOUNTANT MEMBER
पुणे / Pune; ᳰदनांक / Dated : 23 June, 2025/ SGR
आदेशकᳱᮧितिलिपअᮕेिषत / Copy of the Order forwarded to :
1. अपीलाथᱮ / The Appellant.
2. ᮧ᭜यथᱮ / The Respondent.
3. The CIT(A), concerned.
4. The Pr. CIT, concerned.
5. िवभागीयᮧितिनिध, आयकर अपीलीय अिधकरण, “एस एम सी” बᱶच,
पुणे / DR, ITAT, “SMC” Bench, Pune.
6. गाडᭅफ़ाइल / Guard File.
आदेशानुसार / BY ORDER,
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Senior Private Secretary
आयकर अपीलीय अिधकरण, पुणे/ITAT, Pune.