SUHAS MARUTI DHANKUDE,PUNE vs. JCIT (OSD)- CENTRAL CIRCLE 2(4) PUNE, PUNE

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ITA 1058/PUN/2024Status: DisposedITAT Pune18 September 2024AY 2015-2016Bench: SHRI R.K. PANDA (Vice President), SHRI S.S. GODARA (Judicial Member)3 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that it lacked jurisdiction to direct the appeals to the 'Faceless Regime' as the assessee's cases were already centralized under Section 127 of the Act. The CIT(A) was directed to re-decide the appeals.

What were the facts?

The assessee filed three appeals for assessment years 2014-15, 2015-16, and 2016-17. A coordinate bench of the ITAT had previously restored similar cases for other assessment years back to the CIT(A).

What were the issues?

Whether the ITAT has the power to direct appeals to a specific regime (Faceless) when the case is already centralized. The scope of appellate remedies before the ITAT under Section 254(1).

Which sections of the Income-tax Act were involved?

Section 127,Section 250,Section 254(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, PUNE

Before: SHRI R.K. PANDA & SHRI S.S. GODARA

For Appellant: Shri Ujjwal Kumar Chavhan &, Shri Nikhil Mutha
For Respondent: Shri Arvind Desai
Hearing: 10.09.2024Pronounced: 18.09.2024

आदेश / ORDER

PER S.S. GODARA, JM :

1.

These assesseee’s three appeals for the assessment years 2014-15, 2015-16 & 2016-17 arise against the CIT(A), Pune-12’s Din & Order Nos.ITBA/APL/S/250/2023-24/1062748054(1), ITBA/APL/S/250/ 2023-24/1062748169(1) and ITBA/APL/S/250 /2023-24/1062748244 (1), common dated 16.03.2024, involving proceedings u/s.250 of the Income Tax Act, 1961 (in short “the Act”), respectively.

2.

Heard both the parties. Case files perused.

3.

It emerges at the outset that there is hardly much need for us to delve with the assessee’s corresponding identical substantive grounds raised in the instant three appeals once it has come on record that this tribunal’s learned coordinate bench’s common order dated 01.08.2024 1056, 1060 and 1061/PUN/2024 for assessment years 2012-13, 2013-14, 2017-18 and 2018-19, respectively has restored the said cases back to the CIT(A). The Revenue is equally very fair in not disputing all these intervening clinching developments.

4.

It is at this stage that our attention is invited to the fact that the foregoing remand directions have restored the assessee’s appeals to “Faceless Regime” only. We are of considered view that no such jurisdiction lies with this tribunal once the learned departmental authorities have already centralized the assessee’s case(s) u/s.127 of the Act. There is further no appeal remedy provided in the Act before us which can be taken as a subject matter of our instant adjudication in section 254(1) proceedings. We thus make it clear that it shall be only the learned CIT(A) herein who shall re-decide the assessee’s corresponding appeals as per law after affording adequate opportunity of hearing to the assessee. Ordered accordingly.

5.

All other pleadings stand rendered academic at this stage.

6.

These assessee’s three appeals to 1059/PUN/2024 are allowed for statistical purposes in above terms. A copy of this order be placed in the respective case files.

Order pronounced on 18th September, 2024.

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