MR. PRAFULLA KUMAR MAHAPATRA,BHADRAK vs. A.C.I.T BALASORE CIRCLE, BALASORE
What did the Tribunal hold?
The Tribunal restored the issues to the file of the AO for readjudication. This was to grant the assessee another opportunity to produce its books of accounts, which were not produced before the AO for verification.
What were the facts?
The assessee's appeal against the assessment order was disposed of by the CIT(A) without providing a hearing. The assessee claims they were not heard, while the revenue states sufficient opportunities were given.
What were the issues?
Whether the CIT(A) erred in disposing of the appeal without providing a proper hearing to the assessee, and whether the assessee should be granted an opportunity to produce books of accounts before the AO.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK
Before: SHRI GEORGE MATHAN & SHRI GIRISH AGRAWAL
O R D E R 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 20.07.2023, passed in ITBA/NFAC/S/250/2023-24/1054473179(1), for the assessment year 2015-2016.
It was submitted by the ld. AR that the appeal filed by the assessee against the assessment order has been disposed off by the ld. CIT(A) without hearing the assessee. It was the prayer that the assessee may be granted another opportunity of being heard.
In reply, ld. Sr. DR submitted that the assessee had been granted sufficient opportunities by the ld. CIT(A) and the assessee has not represented before the ld. CIT(A). Consequently, the ld. CIT(A) had adjudicated the issue following the decision of the coordinate bench of the Tribunal in assessee’s own case. It was the submission that the order of the ld. CIT(A) is liable to be upheld.
We have considered the rival submissions. A perusal of the order of the ld. CIT(A) shows that in para 4.3.3, the ld. CIT(A) has adjudicated the issue on merits by following the decision of the coordinate bench of this Tribunal in assessee’s own case for the earlier assessment years. However, it is further noticed that the assessee has not produced the books of accounts before the AO for verification. The assessee, admittedly, is maintaining the ledger copies and its profit and loss account and the balance sheet. Obviously, the assessee must be maintaining its books of accounts. In these circumstances, so as to grant the assessee another opportunity to rectify its failure and produce its books of accounts before the ld. AO, the issues in this appeal are restored to the file of the ld. AO for readjudication after granting the assessee adequate opportunity of being heard.
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.
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