VIKAS SAHAKARI BANK LTD,SOLAPUR vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 2, SOLAPUR
What did the Tribunal hold?
The Tribunal found that the CIT(A) had disposed of the appeal ex-parte without considering the assessee's adjournment petition. Therefore, the matter was remanded back to the CIT(A) for fresh adjudication.
What were the facts?
The assessee, a construction firm, filed its return of income. The Assessing Officer made a disallowance of interest paid to members for non-deduction of tax at source. The CIT(A) confirmed this disallowance.
What were the issues?
Whether the CIT(A) erred in disposing of the appeal ex-parte without considering the assessee's adjournment petition.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE – VIRTUAL COURT
Before: SHRI INTURI RAMA RAO & SHRI RAVISH SOOD
ORDER
PER INTURI RAMA RAO, AM:
This is an appeal filed by the assessee directed against the order of ld. Commissioner of Income Tax (Appeals)-7, Pune [‘CIT(A)’ for short] dated 05.09.2018 for the assessment year 2010-11.
Briefly, the facts of the case are that the appellant is a firm engaged in the business of construction of flats and sale & purchase of plots. The return of income for the assessment year 2010-11 was filed on 24.09.2010 declaring total income of Rs.1,03,75,940/-.
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