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Facts
The assessee challenged an order for AY 2012-13 by the Ld. Addl./JCIT(A) in a second round of proceedings, following a prior Tribunal order that restored the matter to the AO. The current appeal relates to an assessment order dated 20-12-2019, where the AO made adjustments to book profits under section 115JB. The core grievance was that the Ld. Addl./JCIT(A) failed to adjudicate Ground No. 4 concerning this adjustment.
Held
The Tribunal found merit in the submissions of the Ld. AR and consequently restored the appeal to the file of the Ld. Addl./JCIT(A). The Ld. Addl./JCIT(A) is directed to adjudicate Ground No. 4, ensuring that the assessee is given an adequate opportunity of being heard.
Key Issues
Whether the Ld. Addl./JCIT(A) erred in not adjudicating a specific ground related to adjustments made to book profits under section 115JB.
Sections Cited
115JB, 143(3), 254
AI-generated summary — verify with the full judgment below
PER B.R. BASKARAN, A.M : The assessee has filed this appeal challenging the order dt. 19-07-2024 passed by the Ld. Addl./JCIT(A)-Thiruvanantpuram and it relates to AY. 2012-13.
The Ld.AR submitted that this is second round of proceeding. In the first round, the Tribunal vide its order dt. 06-08-2018 passed in had restored the matters back to the file of AO. Consequent thereto, the present assessment order dated 20-12-2019 came to be passed by the AO u/s. 143(3) r.w.s 254 of the Income Tax Act, 1961 („the Act‟). In that order, the AO made certain adjustments to the book profits computed u/s.115JB of the Act and the said adjustment was challenged by the assessee before the Ld.Addl./JCIT(A) as Ground No. 4. However, the Ld. Addl./JCIT(A) did not adjudicate the said ground. Accordingly the Ld.AR prayed that this appeal may be restored to the file of the Ld.Addl./JCIT(A) with a direction to adjudicate Ground No. 4 urged before him.
We heard Ld.DR and perused the record. We find merit in the submissions made by the Ld.AR. Accordingly, we restore this appeal to the file of the Ld. Addl./JCIT(A) with a direction to adjudicate Ground No.4 urged before him. The assessee should be given adequate opportunity of being heard.
In the result, the appeal of the assessee is treated as allowed for statistical purposes.