PIAGGIO & C S.P.A.,ITALY vs. ASSISTANT COMMISSIONER OF INCOME TAX (IT),CIRCLE 2, PUNE

This appeal at the instance of assessee pertaining to A.Y. 2019-20 is directed against the order dated 23.01.2025 passed by CIT(A)-13, Pune passed u/s.250 of the Income-tax Act, 1961 (in short ‘the Act’) arising out of Rectification order dated 14.08.2023 passed u/s.154 of the Act.

At the outset, ld. Counsel for the assessee submitted that the impugned order is exparte and assessee was unable to make proper compliance and to file necessary details in support of its grounds of appeal prayed for providing one more opportunity to go before ld.CIT(A) for necessary adjudication.

Per contra, ld. Departmental Representative opposed the request stating that sufficient opportunities were granted and assessee has necessary infrastructure to plead its case and

We have heard the rival contentions and perused the record placed before us. We observe that assessee preferred appeal before ld.CIT(A) against the order of ld. ACIT, Circle-2, Pune passed u/s.154 of the Act on 14.08.2023 raising certain grounds of appeal. However, on the date of hearing on 09.12.2024, 26.12.2024 and 23.01.2025 assessee sought adjournment on account of preoccupation of the Tax Consultant and could not file necessary details. We therefore in the larger interest of justice being fair to both the parties deem it proper to restore the issues raised on merits to the file of ld.CIT(A) for afresh adjudication and to pass a speaking order as contemplated u/s.250(6) of the Act after providing reasonable opportunity of hearing to the assessee. Assessee is further directed to remain vigilant and not to take adjournment unless otherwise required for reasonable cause, failing which the ld.CIT(A) shall be free to proceed in accordance with law. Findings of ld.CIT(A) is set aside and effective grounds of appeal raised by the assessee are allowed for statistical purposes.