VGN PROJECTS ESTATES PVT. LTD.,CHENNAI vs. DCIT, CORPORATE CIRCLE-3(1), CHENNAI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal found that the assessee was not given a proper opportunity to present its case before the lower authorities, particularly regarding the adjustments made based on the tax audit report and the dismissal of the rectification petition. The assessee's request for an opportunity to present its case through video conferencing was also denied.
What were the facts?
The assessee filed returns for AY 2019-20 and 2020-21, with income declared under section 115JB for AY 2019-20 and total income for AY 2020-21. The returns were processed with adjustments. The assessee's rectification petition and subsequent appeal to the CIT(A) were dismissed without proper opportunity to be heard or submit details regarding tax audit report observations.
What were the issues?
Whether the assessee was provided adequate opportunity to present its case and evidence before the lower authorities, especially concerning adjustments made based on the tax audit report.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI
Before: MS. PADMAVATHY.S & SHRI MANU KUMAR GIRI
आदेश / O R D E R
PER PADMAVATHY.S, A.M: These appeals by the assessee are against the separate orders of the Commissioner of Income Tax (Appeals), Addl./JCIT(A)-7, Kolkata (in short "FAA") passed u/s. 250 of the Income Tax Act, 1961 (in short "the Act") both dated 26.09.2025 for Assessment Years (AYs) 2019-20 & 2020-21.
The assessee is a company and filed a return of income for A.Y 2019- 2020 on 31.10.2019 decaling income u/s. 115JB of the Act for Rs.4,74,35,458/-. For AY 2020-21, the assessee field a return of income on & 2922/Chny/2025 VGN Projects Estates Pvt. Ltd. :- 2 -:
1. 15.02.2021 declaring total income of Rs. 56,49,980/-. The returns of the both the AYs were processed u/s. 143(1) of the Act after making certain adjustments over and above income returned. Against the intimation, the assessee filed rectification petition and the CPC passed an order u/s. 154 of the Act without making any adjustment made earlier order u/s. 143 of the Act. Aggrieved, the assessee filed further appeal before the CIT(A). The CIT(A) dismissed the appeal stating that the disallowances/additions based on the tax audit report are not correct on the ground that the assessee has not substantiated the said claim. The assessee is in appeal before the Tribunal against the order of the CIT(A).
We have heard the parties, and perused the material available on record. The Ld. Authorized Representative (AR) of the assessee submitted that the CPC has made the adjustments merely based on the tax audit report without giving the opportunity to the assessee to submit the details with regard to the observations of the auditor. The Ld. AR further submitted that even the rectification petition u/s. 154 of the Act was also dismissed without giving any opportunity of being heard. The Ld. AR also submitted that the assessee prayed for opportunity before the CIT(A) for video conferencing in order to explain the difference as mentioned in the tax audit report which was not given by the CIT(A) while dismissing the appeal. The ld AR submitted that the facts in both the AYs are identical and prayed for one more opportunity to represent the case properly before both the AYs. Considering the facts and circumstances, we are inclined to give one more opportunity to the assessee to represent both the appeals properly before the lower authorities. We therefore remit the appeals for AY 2019-20 & 2020-21 back to the CIT(A) with a direction to call for necessary details to decide the & 2922/Chny/2025 VGN Projects Estates Pvt. Ltd. :- 3 -:
impugned issues on merits in accordance with law. The assessee is directed to file relevant details in support of the claim made and cooperate with appellate proceedings without seeking unnecessary adjournment. It is ordered accordingly.
In the result, the appeal of the assessee for AY 2019-20 & 2020-21 are allowed for statistical purposes.
Order pronounced on 04th day of March, 2026 at Chennai.
More judgments on Section 115JB
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- Digjam Limited, Jamnagar vs The Principal Commissioner of Income Tax…ITA 349/RJT/2025[2021-22]Status: Disposed12 Oct 2026AY 2021-22
- Braithwaite & Co. Ltd., Kolkata vs DCIT, Circle 1(1), KolkataITA 1076/KOL/2026[2021-2022]Status: Disposed7 Oct 2026AY 2021-2022
- DCIT, Circle-4(1)(1), Ahmedabad, Vejalpur vs Vijay M. Mistry Construction Private…ITA 964/AHD/2025[2018-19]Status: Disposed6 Oct 2026AY 2018-19
- DCIT, Circle-4(1)(1), Ahmedabad, Vejalpur… vs Vijay M. Mistry Construction Private…ITA 963/AHD/2025[2017-18]Status: Disposed6 Oct 2026AY 2017-18
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