U P STATE CONSTRUCTION AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED,LUCKNOW vs. DEPUTY COMMISSIONER OF INCOME TAX, CPC, BENGALURU

(A)
This appeal vide I.T.A. No.352/Lkw/2024 has been filed by the assessee for Assessment Year 2016-17 against impugned appellate order dated 18/03/2024 (DIN & Order No. ITBA/APL/S/250/2023-
24/1062835759(1) of Commissioner of Income Tax (Appeals)
[“CIT(A)” for short].

(B)
In this case, intimation dated 22.03.2016 was issued u/s. 143(1) of the Income Tax Act, 1961 (in short the ‘Act’) whereby adjustment was made to the assessee returned income. The assessee filed appeal before the learned CIT(A) against aforesaid intimation. Vide impugned
Appellant by Shri R.P. Tiwari, CA
Respondent by Shri Amit Kumar, Addl. CIT, D.R.

appellate order dated 18.03.2024, the learned Additional/JCIT(A)-3
disposed off the assessee’s appeal whereby the adjustments made in the aforesaid intimation were confirmed. Present appeal has been filed by the assessee against the aforesaid impugned appellate order of the learned Addl./JCIT appeals.
(C)
At the time of hearing, the learned Authorized Representative of the assessee submitted that the impugned appellate order was passed by learned Addl./JCIT (A) without providing reasonable opportunity to the assessee. He further submitted that the impugned appellate order of the learned CIT(A) is not speaking order and the adjustments made in the aforesaid intimation have been confirmed in a summary manner without discussing merits of the case and without deciding the grounds of appeal in a speaking manner. In view of aforesaid, learned A.R. for the assessee submitted that the learned CIT(A) should be directed to pass denovo order and the impugned order of the learned CIT(A) should be set aside. Learned D.R. expressed no objection to this and left the matter to the discretion of the bench. After hearing both sides and after perusing the materials on record, the impugned appellate order of the learned CIT(A) is set aside and he is directed to pass denovo order in accordance with law, after providing reasonable opportunity to the assessee. The learned CIT(A) is further directed to decide the grounds of appeal and the issues in dispute through speaking order on merits, ensuring adherence to Section 250(6) of Income Tax Act. All the grounds of appeal are treated as disposed of in accordance with foregoing directions.

(D). In the result, the appeal of the assessee stands partly allowed for statistical purposes.

(Order pronounced in the open court on 16.12.2025) . .
Dated: 16.12.2025
Aks/-

Copy of the order forwarded to :
1. The Appellant
2. The Respondent.
3. Concerned CIT
4. D.R., I.T.A.T.,