RAKESH AGARWAL,KHETRAJPUR vs. DCIT CENTRAL CIRCLE, , SAMBALPUR

आयकर अऩीऱीय अधधकरण, कटक न्यायऩीठ,कटक IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH CUTTACK (THROUGH VIRTUAL HEARING) BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER आयकर अऩीऱ सं/ITA No.270/CTK/2023 (ननधाारण वषा / Assessment Year : 2013-2014) Rakesh Agarwal, Vs DCIT, Central Circle, Sambalpur C/o: Ishita Enterprises, At:PO: Khetrajpur, Dist : Sambalpur-768003 PAN No. :ALHPA 3599 C (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee by : Shri P.K.Mishra, Advocate राजस्व की ओर से /Revenue by : Shri Charan Dass, Sr. DR सुनवाई की तारीख / Date of Hearing : 28/11/2023 घोषणा की तारीख/Date of Pronouncement : 28/11/2023 आदेश / O R D E R Per Bench : This is an appeal filed by the assessee against the order of the ld. CIT(A)-2, Bhubaneswar, dated 15.03.2023, passed in I.T.Appeal No.Bhubaneswar-2/10105/2012-13, for the assessment year 2013-2014. 2. It was submitted by the ld. AR that the assessee is deriving income from business. In the course of assessment, notices were issued to the assessee, wherein it was asked to explain the cash deposit of Rs.1,86,750/-. The assessee had not given the explanation and consequently the AO had made the addition. On appeal, the ld. CIT(A) had dismissed the appeal of the assessee in the absence of any explanation. It was the prayer that the issues in this appeal may be restored to the file of AO so that the assessee can provide explanation before the AO.

2 ITA No.270/CTK/2023 3. In reply, ld. DR submitted that the assessee had already been granted adequate opportunities. 4. We have considered the rival submissions. A perusal of the order of the AO the assessee has not produced any evidence before the AO to explain the cash deposit. Admittedly, the evidence having not been produced before the AO, the assessee cannot produce any fresh evidence before the ld. CIT(A) without justifiable cause. This being so, in the interest of justice, the issues in this appeal are restored to the file of ld. AO for readjudication after granting the assessee adequate opportunity of being heard. 5. In the result, appeal of the assessee is partly allowed for statistical purposes. Order dictated and pronounced in the open court on 28/11/2023. Sd/- Sd/- (GIRISH AGRAWAL) (GEORGE MATHAN) ऱेखा सदस्य/ ACCOUNTANT MEMBER न्यानयक सदस्य / JUDICIAL MEMBER कटक Cuttack; ददनाांक Dated 28/11/2023 Prakash Kumar Mishra, Sr.P.S. आदेश की प्रनतलऱपऩ अग्रेपषत/Copy of the Order forwarded to : अऩीऱाथी / The Appellant- 1. Rakesh Agarwal, C/o: Ishita Enterprises, At:PO: Khetrajpur, Dist : Sambalpur-768003 2. प्रत्यथी / The Respondent- DCIT, Central Circle, Sambalpur आयकर आयुक्त(अऩीऱ) / The CIT(A), 3. आयकर आयुक्त / CIT 4. ववभागीय प्रतततनधध, आयकर अऩीऱीय अधधकरण, कटक / DR, 5. ITAT, Cuttack गार्ड पाईऱ / Guard file. 6. सत्यावऩत प्रतत //True Copy// आदेशानुसार/ BY ORDER,

(Assistant Registrar) आयकर अऩीऱीय अधधकरण, कटक/ITAT, Cuttack