ANAND DUPLEX LTD,MEERUT vs. DCIT, CIRCLE-1(1)(1) , MEERUT

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ITA 1198/DEL/2023Status: DisposedITAT Delhi27 September 2023AY 2017-18Bench: SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER A N D SHRI PRADIP KUMAR KEDIA (Accountant Member)4 pages

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Income Tax Appellate Tribunal, [ DELHI BENCH “A” : DELHI ]

Before: SHRI CHALLA NAGENDRA PRASADSHRI PRADIP KUMAR KEDIA

For Appellant: Shri Kanv Bali
Hearing: 26/09/2023

आदेश / O R D E R PER C. N. PRASAD, J. M. :

1.

This appeal is filed by the assessee against the order of the ld. Commissioner of Income Tax (Appeals)/National

I.T.A. No. 1198/Del/2023

Faceless Appeal Centre [NFAC] Delhi dated 28.02.2023 for assessment year 2017-18.

2.

The ld. Counsel for the assessee, at the outset, submits that the Centralized Processing Centre, Bangalore, while processing the return under section 143(3) of the Income Tax Act, 1961 (the Act) made several adjustments against which the assessee preferred an appeal before the ld. CIT (Appeals)/NFAC, Delhi. The ld. Counsel submits that the ld. CIT (Appeals)/NFAC, Delhi in page No. 4 stated that “following additions made by the CPC are deleted.” However, the ld. CIT (Appeals) failed to mention what are the adjustments which were deleted as the Assessing Officer made as many as 10 adjustments. The ld. CIT (Appeals) failed to mention the adjustments which are deleted and, therefore, the matter may be sent back to the ld. CIT (Appeals) for proper adjudication.

3.

The ld. DR has no objection.

4.

On hearing both the sides and perusing the order of the ld. CIT (Appeals)/NFAC, we observe that the ld. CIT (Appeals) inadvertently did not mention the adjustments which were deleted. Thus, we are of the view that this appeal should go back to the file of the ld. CIT (Appeals) for fresh adjudication after providing adequate opportunity of being heard to the assessee. This appeal is restored to the file of the ld. CIT (Appeals).

I.T.A. No. 1198/Del/2023

5.

In the result, the appeal of the assessee is allowed for statistical purposes.

Order pronounced in the open court on : 27/09/2023.

Sd/- Sd/- (PRADIP KUMAR KEDIA) ( C. N. PRASAD ) ACCOUNTANT MEMBER JUDICIAL MEMBER

Dated : 27/09/2023. *MEHTA* Copy forwarded to : 1. Appellant; 2. Respondent; 3. CIT 4. CIT (Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, New Delhi.

Date of dictation 26.09.2023 Date on which the typed draft is placed before the dictating 26.09.2023 member Date on which the typed draft is placed before the other 27.09.2023 member Date on which the approved draft comes to the Sr. PS/ PS 27.09.2023 Date on which the fair order is placed before the dictating 27.09.2023 member for pronouncement Date on which the fair order comes back to the Sr. PS/ PS 27.09.2023 27.09.2023 Date on which the final order is uploaded on the website of ITAT Date on which the file goes to the Bench Clerk 27.09.2023 3

I.T.A. No. 1198/Del/2023

Date on which the file goes to the Head Clerk The date on which the file goes to the Assistant Registrar for signature on the order Date of dispatch of the order

ANAND DUPLEX LTD,MEERUT vs DCIT, CIRCLE-1(1)(1) , MEERUT | BharatTax