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

O R D E R Per: Ratnesh Nandan Sahay, Accountant Member:

1. 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 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.