GERATPUR BHAGYALAXMI CO-OPERATIVE HOUSING SOCIETY LTD.,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

Aggrieved against the intimation, assessee filed an appeal before the NFAC.

The appeal was fixed for hearing on 18/02/2024, 09/04/2024 and 11/05/2024, where the assessee sought time to file further details, however, the same was rejected since the assessee has not availed the three opportunities given by NFAC, thereby the appeal was dismissed confirming the tax demand.

Aggrieved against the same, assessee is in appeal before us raising the following grounds of appeal:

On the facts and circumstances of the case as well as law on the subject, the learned CIT(A) has erred in passing order without considering adjournment request of assessee. Geratpur Bhagyalaxmi Co-operative Housing Society Ltd. vs. ITO Asst.Year – 2021-22 2. On the facts and circumstances of the case as well as law on the subject, the learned CIT(A) has erred in confirming addition of Rs. 9,53,030/-without considering that the income as reflected in Form 26AS is duly reflected in the return of income.

On the facts and circumstances of the case as well as law on the subject, the learned CIT(A) has erred in confirming addition of Rs. 9,53,030/-without considering that Assessing Officer has not provided any calculation of impugned addition.

On the facts and circumstances of the case as well as law on the subject, the learned CIT(A) has erred in confirming addition of Rs. 9,53,030/-without considering that no addition can be made on account of difference in returned income and Form 26AS u/s 139(9) or 143(1) without adjudication.

On the facts and circumstances of the case as well as law on the subject, the learned CIT(A) has erred in confirming addition of Rs. 9,53,030/-without considering that net taxable income is lower only due to claim of expenses amounting to Rs.5,60,594/-on account of housing society.

It is therefore prayed that the above addition/disallowance made by the assessing officer may please be deleted.

Appellant craves leave to add, alter or delete any ground(s) either before or in the course of hearing of the appeal.

The Ld.Counsel for the assessee submitted that the CPC has not given any details for assessing the income at Rs.10,92,040/- and on appeal before the NFAC without granting proper opportunity, confirmed the addition. Therefore, in the interest of natural justice, the case may be set aside to the file of Juri ictional AO for passing afresh order.

Per contra, the Ld.DR appearing for the Revenue has no objection in setting aside the matter back to the file of JAO and pass fresh intimation. Recording the above submissions of both Geratpur Bhagyalaxmi Co-operative Housing Society Ltd. vs. ITO Asst.Year – 2021-22 the parties and in the interest of Natural Justice, we deem it fit to set aside the matter back to the file of Juri ictional AO to pass fresh intimation in accordance with law by providing proper opportunity of hearing to the assessee. Needless to say, the assessee should co-operate in the proceedings for passing fresh order.

In the result, the appeal filed by the assessee is allowed for statistical purposes. This Order pronounced in Open Court on 06/02/2025 (ANNAPURNA GUPTA) JUDICIAL MEMBER

अपीलाथ / The Appellant 2. थ / The Respondent. 3. संबंिधत आयकर आयु% / Concerned CIT 4. आयकर आयु%(अपील) / The CIT(A)-(NFAC) 5. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड+ फाईल / Guard file.