SUPREME TREON PRIVATE LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME-TAX 14(1)(2), MUMBAI

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “G”, MUMBAI BEFORE SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER AND SHRI RATNESH NANDAN SAHAY, ACCOUNTANT MEMBER ITA No. 4201/M/2023 Assessment Year: 2018-19 M/s. Supreme Treon Assistant Commissioner of Private Limited Income Tax 14(1)(2), C/o. Kalyaniwalla & Aayakar Bhavan, Mistry LLP, Maharishi Karve Road, Vs. Chartered Accountants, Mumbai- 400020. Esplanade House 29, Hazarimal Somani Marg, Fort, Mumbai- 400001. PAN: AACCS4085Q (Appellant) (Respondent) Present for: Assessee by : Shri Mehli M. Golvala- C.A. Revenue by : Shri Manoj Kumar Singh, Sr. A.R. Date of Hearing : 25. 04 . 2024 Date of Pronouncement : 30. 04 . 2024 O R D E R Per: Ratnesh Nandan Sahay, Accountant Member: 1. This appeal has been filed by the assessee Company against the Order of the Ld. CIT (Appeals) passed u/s 250 of the Income Tax Act [the ‘Act’ in short] vide its DIN & Order No. ITBA/NFAC/S/250/2023- 24/1056505519(1) Dated 25.9.2023 for the Assessment Year 2018-19. 2. The facts of the case are that the appellant filed its return of income for the A.Y. 2018-19 on 27th October, 2018 declaring total income at

2 Page | 2 ITA No. 4201/M/2023 M/s. Supreme Treon Private Limited Rs.41,61,11,090/-. Accordingly, an intimation u/s. 143(1) of the Income Tax Act dated 17th February, 2020 was issued by the Deputy Commissioner of Income Tax, Centralized Processing Center (CPC) assessing the total income at Rs.43,07,54,010/- by making certain adjustments in the return of income declared by the assessee which were found to be erroneous and thus, the assessee filed appeal before the Commissioner of Income Tax (Appeals) against the said intimation order passed u/s. 143(1) of the IT Act. Another appeal was filed by the appellant against the order passed by the Assessing Officer u/s 143(3) of the Act. 3. It is emanating from the facts of the case and the grounds of appeal raised by the appellant that two appeals have been filed by the assessee before the Ld. CIT Appeal, Mumbai- one against the order u/s. 143(1) of the Income Tax Act and another against the order u/s 143(3) of the Act. Since the two appeals are pending on common issues, it would be in the interest of justice to remand the matter to the Ld. CIT Appeal so that the issues can be decided in its entirety. Accordingly, the matter is referred to the Ld. CIT Appeal for clubbing these two appeals to decide the issue on merit after giving adequate opportunity of being heard to the assessee. 4. In the result, the appeal is partly allowed for statistical purpose. Order pronounced in the open court on 30.04.2024.

3 Page | 3 ITA No. 4201/M/2023 M/s. Supreme Treon Private Limited

Sd/- Sd/- (NARENDER KUMAR CHOUDHRY) (RATNESH NANDAN SAHAY) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai, Dated: 30.04.2024. Snehal C. Ayare, Stenographer Copy to: The Appellant The Respondent The CIT, Concerned, Mumbai The DR Concerned Bench //True Copy// By Order

Dy/Asstt. Registrar, ITAT, Mumbai.