V R PAWAR SAREES P LTD,SOLAPUR vs. PRINCIPAL COMMISSIONER OF INCOME-TAX (CENTRAL), PUNE

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ITA 179/PUN/2021Status: DisposedITAT Pune25 February 2022AY 2016-173 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the CIT's order and remitted the matter back to the CIT. The CIT was directed to pass a fresh order after providing the assessee with a reasonable opportunity of hearing.

What were the facts?

The CIT invoked Section 263 to revise an assessment order passed under Section 143(3). The CIT found infirmities in the original assessment order, deeming it erroneous and prejudicial to the revenue's interest. The assessee could not avail the single hearing opportunity due to the pandemic.

What were the issues?

Whether the CIT provided adequate opportunity of hearing to the assessee before passing the revision order under Section 263.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE

Before: SHRI R.S. SYAL & SHRI S.S. VISWANETHRA RAVI

For Appellant: Shri Pramod Shingte
For Respondent: Shri Sardarsingh Meena

आदेश / ORDER PER R.S.SYAL, VP : This appeal by the assessee is directed against the order passed by the CIT u/s.263 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) on 31-03-2021 in relation to the assessment year 2016-17. 2. Tersely stated, the facts of the case are that the assessment in this case was completed u/s.143(3) determining total income at Rs.75,12,990/-. On examination of the record, the ld. CIT found certain infirmities in the assessment order, which, in his opinion, rendered the same erroneous and prejudicial to the interest of Revenue. One opportunity of hearing was given, which the assessee could not avail. Eventually, the assessment order came to be set- aside with a direction to frame the assessment afresh after making necessary verification of the issues discussed in the impugned order.

3.

We have heard both the sides and gone through the relevant material on record. The ld. AR submitted that the ld. CIT did not provide adequate opportunity of hearing. Only one hearing was granted and the assessee could not avail the same because of the pandemic. It was prayed that one more opportunity of hearing be given to the assessee for putting forth the clarifications on all the points raised by the ld. CIT. No serious objection was taken by the ld. DR. In view of the foregoing facts and circumstances, we set- aside the impugned order and remit the matter to the file of the ld. CIT for passing a fresh order as per law after allowing a reasonable opportunity of hearing to the assessee.

4.

In the result, the appeal is allowed for statistical purposes. Order pronounced in the Open Court on 25th February, 2022.

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