SAHARA CREDIT COOPERATIVE SOCIETY LIMITED,LUCKNOW vs. DCIT/ACIT-3, LUCKNOW-NEW, LUCKNOW

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ITA 248/LKW/2025[2020-21]Status: DisposedITAT Lucknow30 June 20253 pages

Income Tax Appellate Tribunal, LUCKNOW BENCH ‘B’, LUCKNOW

Before: SHRI SUDHANSHU SRIVASTAVA & SHRI ANADEE NATH MISSHRA

PER ANADEE NATH MISSHRA:A.M.

(A)
This appeal vide I.T.A. No.248/Lkw/2025 has been filed by the assessee for assessment year 2020-21 against impugned appellate order dated
29/10/2025
(DIN
&
Order
No.ITBA/APL/S/250/2024-
25/1072687333(1) passed by learned ADDL/JCIT(A).

Appellant by Shri Devashish Mehrotra,
Advocate
Respondent by Shri R. K. Agarwal, CIT (D.R.)

I.T.A. No.248/Lkw/2025
Assessment Year:2020-21
2

(B)
The facts of the case, in brief, are that the assessee filed its return of income for the year under consideration on 10/02/2021 declaring total income of (-)Rs.611,01,39,055/-. The Assessing Officer processed the return and determined the total income of the assessee at Rs.1,00,88,65,65,519/- by making various additions. Being aggrieved, the assessee carried the matter in appeal before learned CIT(A), who partly allowed the appeal of the assessee. Being Aggrieved, the assessee is in appeal before the Income Tax Appellate Tribunal.

(C)
During the course of hearing before us, learned Counsel for the assessee submitted that while deciding the appeal, filed by the assessee before the learned CIT(A), the learned CIT(A) has not decided ground number 5 and 6 of appeal as per Form-35 in which appeal was filed by assessee before the learned CIT(A). He submitted that the issues involved in ground number 5 and 6 of appeal as per Form-35, which were not adjudicated by learned CIT(A), may be sent back to the file of the learned CIT(A) with the direction to decide the grounds of appeal in accordance with law after providing reasonable opportunity of being heard to the assessee. Learned Departmental Representative for Revenue expressed no objection to this.

(D)
We have heard the rival parties and have gone through the material placed on record. On perusal of records, it is noticed that learned CIT(A) has not decided ground number 5 and 6 of the appeal as per Form-35 in which appeal was filed by assessee before the learned
CIT(A). In view of the aforesaid, the issues involved in ground number 5
and 6 of the appeal as per Form-35 are restored back to the file of learned CIT(A) with the direction to decide the aforesaid grounds of appeal, in accordance with law and after providing reasonable

I.T.A. No.248/Lkw/2025
Assessment Year:2020-21
3

opportunity to the assessee; as requested by learned Counsel for the assessee.

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

(Order was pronounced in the open court on 30/06/2025) . .
(SUDHANSHU SRIVASTAVA) (ANADEE NATH MISSHRA)
Judicial Member Accountant Member

Dated:30/06/2025
*Singh

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

SAHARA CREDIT COOPERATIVE SOCIETY LIMITED,LUCKNOW vs DCIT/ACIT-3, LUCKNOW-NEW, LUCKNOW | BharatTax