BISWANATH JHA,GANDHINAGARPARA vs. ACIT, CIRCLE-2(1), SAMBALPUR

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ITA 279/CTK/2023Status: DisposedITAT Cuttack26 October 2023AY 2009-103 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the issues to the file of the AO for fresh adjudication, granting the assessee adequate opportunities to be heard, considering the medical reasons cited for non-compliance.

What were the facts?

The assessee was unable to provide details regarding expenses and sundry creditors during assessment due to his son's medical condition. He also failed to represent his case properly before the CIT(A) for the same reason.

What were the issues?

Whether the assessee's inability to provide evidence and appear before the authorities due to medical reasons warrants a fresh opportunity for adjudication.

Which sections of the Income-tax Act were involved?

Not explicitly mentioned

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH CUTTACK

Before: SHRI GEORGE MATHAN

Hearing: 26/10/2023Pronounced: 26/10/2023

O R D E R This is an appeal filed by the assessee against the order of the ld CIT(A), National Faceless Appeal Centre (NFAC), Delhi, dated 27.06.2023, passed in DIN & Order No.ITBA/NFAC/S/250/2023- 24/1053989810(1) for the assessment year 2009-2010.

2.

It was submitted by ld AR that in the course of assessment, the AO had asked for some details in respect of expenses and the sundry creditors. The assessee was unable to produce the same due to medical reasons in respect of the assessee’s son, who was suffering from some neurological problems. It was the submission that even before the ld. CIT(A) the assessee has not been able to represent his case properly. It was the prayer that the assessee may be granted another opportunity to produce all the evidences before the AO.

3.

In reply, ld. Sr. DR submitted that the assessment year is A.Y.2009- 2010 and the assessed income is Rs.32,53,227/-. It was the submission 2 that in the assessment year 2009-2010, this appeal is not an SMC case and, therefore, it is to be considered as Division Bench Case.

4.

I have considered the rival submissions. As on the date of hearing of the appeal, much more, on the date of filing of this appeal itself, the total income of the assessee is below Rs.50 lakhs and consequently, the same falls within the category of SMC. In regard to the merits of the appeal, it is noticed from the assessment order that substantial opportunities had been given to the assessee. The assessee could not produce the evidence as called for by the AO. The assessee, admittedly has not appeared before the ld. CIT(A). However, as the assessee has categorically mentioned that the non-appearance was on account of health reasons of the assessee’s son, therefore, the issues in this appeal are restored to the file of AO for readjudication afresh after granting the assessee adequate opportunities of being heard and I do so.

5.

In the result, appeal of the assessee is partly allowed for statistical purposes. Order dictated and pronounced in the open court on 26/10/2023. (जाजज माथन) (GEORGE MATHAN) न्यानयक सदस्य / JUDICIAL MEMBER कटक Cuttack; ददनाांक Dated 26/10/2023 Prakash Kumar Mishra, Sr.P.S.

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