M/S. PADMAVATI DEVELOPERS,PUNE vs. ITO, WARD-9(3), , PUNE

This assessee‟s appeal for AY 2013-14 is against the order of the CIT(A)-8, Pune dated 01-10-2019 passed in case No. case No. PN/CIT(A)-8/ITO Ward 9(3)/863 involving proceedings under Section 143(3) of the Income-tax Act, 196, in short “the Act”.

Coming to the assessee‟s sole substantive grievance pleaded herein that the CIT(A) has erred in law and on facts in upholding the Assessing Officer‟s action in disallowing its claim u/s 80-IB(10) of Rs. 13,65,72,572/-, we note at the outset with able assistance of both the parties that there is no indication in the lower appellate authorities discussion tabulated on page 4 that the former had been served with the last hearing notice dated 14-8-2019 or not. This is coupled with the fact that the assessee has placed on record before us the tribunal‟s order dated 13-05-2022 holding it eligible for the impugned deduction on proportionate basis regarding Sector 7 of the corresponding housing project.

Faced with this situation, we are of the opinion that larger interest of justice would met in case the CIT (A) re-decides the entire foregoing issue afresh as contemplated u/s 250 of the Act after framing the points for determination followed by detailed discussion. Needful may be done after providing reasonable opportunity of hearing. Ordered accordingly.

This assessee‟s appeal is allowed for statistical purposes in above terms.