M/S. ORISSA MINING CORPORATION LIMITED,BHUBANESWAR vs. ACIT, CIRCLE-2(1), BHUBANESWAR
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Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK
Before: SHRI GEORGE MATHAN & SHRI GIRISH AGRAWAL
Per Bench : This is an appeal filed by the assessee against the order of the ld. CIT(A), National Faceless Appeal Centre (NFAC), Delhi, dated 29.03.2023, passed in ITBA/NFAC/S/250/2022-23/1051606393(1), for the assessment year 2017-2018. 2. It was the submission of the ld. AR that the ld. CIT(A) without giving sufficient opportunity of being heard to the assessee, has dismissed the appeal of the assessee ex-parte. It was also the submission that the assessee had produced books of accounts, documents and other particulars before the AO, however, the AO had not accepted assessee’s contention and explanation. It was the submission the issues in this appeal may be restored to the file of ld. CIT(A) for fresh adjudication and the assessee may be given one more opportunity to provide the materials before the ld. CIT(A) to substantiate its claim.
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In reply, CIT-DR vehemently supported the orders of the authorities below. It was the submission that the assessee was given sufficient opportunity to provide the details in respect of his claim, however, the assessee could not produce the same either before the AO or before the ld. CIT(A). Therefore, the orders of both the lower authorities deserve to be upheld.
We have heard the rival submissions. A perusal of the order of the ld. CIT(A) shows that the ld. CIT(A) had granted a few opportunity to the assessee to represent its case before him. However, it is noticed that the assessee has not been effectively represented before the ld. CIT(A) and consequently on account of non-availability of evidences before the ld. CIT(A), the appeal of the assessee has been partly allowed. Considering the request of the ld. AR of the assessee and in the interest of natural justice, the issues in this appeal are restored to the file of ld. CIT(A) for readjudication after granting the assessee adequate opportunity of being heard. The assessee is also directed to produce all the material evidences in respect of his claim before the ld. CIT(A).
In the result, appeal of the assessee is partly allowed for statistical purposes. Order dictated and pronounced in the open court on 29/11/2023. (GIRISH AGRAWAL) (GEORGE MATHAN) ऱेखा सदस्य/ ACCOUNTANT MEMBER न्यानयक सदस्य / JUDICIAL MEMBER कटक Cuttack; ददनाांक Dated 29/11/2023 Prakash Kumar Mishra, Sr.P.S.
3 आदेश की प्रनतलऱपऩ अग्रेपषत/Copy of the Order forwarded to : अऩीऱाथी / The Appellant-
M/s Odisha Mining Corporation Ltd. OMC House, Bhubaneswar-751001 प्रत्यथी / The Respondent-
ACIT, Circle-2(1), Bhubaneswar आयकर आयुक्त(अऩीऱ) / The CIT(A), 3. आयकर आयुक्त / CIT 4. 5. ववभागीय प्रतततनधध, आयकर अऩीऱीय अधधकरण, कटक / DR, ITAT, Cuttack गार्ड पाईऱ / Guard file. 6. सत्यावऩत प्रतत //// आदेशानुसार/ BY ORDER,
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