Real Food Agency Pvt Ltd Vs ITO (ITAT Indore)
In the case of Real Food Agency Pvt Ltd Vs ITO (ITAT Indore), the Income Tax Appellate Tribunal (ITAT) addressed the appeal against the Commissioner of Income-Tax (Appeals) order for the Assessment Year 2014-15. The main issue was the penalty under Section 270A related to the loss declared under ‘Income from other sources,’ which the assessing officer had previously disallowed from being set off or carried forward. The ITAT noted procedural issues in the appellate process, where the assessee had not been adequately heard, partly due to a transition from physical to faceless hearings. The CIT(A) had not sufficiently considered the assessee’s requests for adjournments or provided ample opportunities for representation. Consequently, the ITAT remanded the matter back to the CIT(A) for a thorough reconsideration, ensuring fair adjudication and giving the assessee a proper chance to present their case. The appeal was allowed for statistical purposes, emphasizing the need for natural justice and proper hearing.
FULL TEXT OF THE ORDER OF ITAT INDORE
Feeling aggrieved by appeal-order dated 07.02.2023 passed by learned Commissioner of Income-Tax (Appeals)-NFAC, Delhi [“CIT(A)”], which in turn arises out of assessment-order dated 28.12.2016 passed by learned ITO-4(2), Indore [“AO”] u/s 143(3) of Income-tax Act, 1961 [“the Act”] for Assessment-Year [“AY”] 2014-15, the assessee has filed this appeal.
