M/S. PRECAST INDIA INFRASTURES PVT. LTD,PUNE vs. THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-4, PUNE

This assessee’s appeal for A.Y. 2012-13 is directed against the CIT(A)-3, Pune’s order dated 02/01/2020 passed in case No. PN/CIT(A)-3/DCIT Cir 4/229/2015-16/511 involving proceeding u/s. 143(3) of the Income Tax Act, 1961; in short "the Act”. Heard both the parties. Case file perused.

Coming to the assessee’s three folded substantive grounds that the CIT(A)’s has inter alia erred in law and on facts in upholding the Assessing Officer’s action disallowing additional depreciation claim u/s. 32(1)(iia) amounting to Rs.1,58,69,783/-, Section 36(1)(iii) interest of Rs.25,96,135/- followed by ad-hoc expenses rejection of Rs.1,00,000/- ; respectively, we note with the able assistance of both the parties the lower appellate decision with this effect has been made ex-parte.

Mr. Desai Vehemently argued that the CIT(A) had not only afforded numerous opportunities to the assessee as per his tabulation in para 5 page 3 of the lower appellate order but also all these issues stand adjudicated in detailed as well. All these arguments fail to evoke our concurrence as there is no indication that the CIT(A)’s has adjudicated the instant three issues in light of section 250(6) of the Act requiring him to frame its point of determination followed by a detailed adjudication there upon. The fact also remains that the assessee has been equally negligent in pursuing its lower appellate remedy. Faced with this situation, we deem it appropriate in larger interest of justice that the assessee deserve one more innings before the CIT(A)’s with a rider that it shall file on record all the relevant details and evidence afresh; at its own risk and responsibilities, within three effective opportunities in consequential proceedings, which will be considered as per law. Ordered accordingly.

This assessee’s appeal is allowed for statistical purpose in above terms.