SUNGREEN VALLEYS PVT. LTD,ROURKELA vs. ACIT CIRCLE, ROURKELA, ROURKELA

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ITA 208/CTK/2023Status: DisposedITAT Cuttack13 October 2023AY 2016-173 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal rejected the assessee's adjournment request due to non-appearance and lack of preparation. The matter was restored to the Assessing Officer for a fresh assessment, considering all submissions and evidence, to provide the assessee with an adequate opportunity of hearing.

What were the facts?

The assessee filed an appeal against the CIT(A) order for AY 2016-17. The assessee did not appear before the CIT(A) or the Assessing Officer, leading to ex-parte orders. The primary dispute revolved around the application of Section 50C.

What were the issues?

Whether the assessee was provided with adequate opportunity of hearing and whether the ex-parte assessment orders were justified.

Which sections of the Income-tax Act were involved?

Section 50C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL,

Before: RAJESH KUMAR

For Respondent: Shri Charan Dass, Sr, Shri Charan Dass, Sr DR
Hearing: 13/10Pronounced: 13/10

IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK , CUTTACK (through virtual hearing) BEFORE BEFORE S/SHRI GEORGE MATHAN, JUDICIAL JUDICIAL MEMBER AND RAJESH KUMAR, ACCOUNTANT MEMBER , ACCOUNTANT MEMBER Assessment Year : 2016-17 Sungreen Valleys Pvt Ltd., Sungreen Valleys Pvt Ltd., Vs. ACIT, Circle, Rour ACIT, Circle, Rourkela T-19, 19, Civil Civil Township, Township, Rourkela. PAN/GIR No. PAN/GIR No.AAICS 6153 M (Appellant (Appellant) .. ( Respondent Respondent) Assessee by : None Revenue by : Shri Charan Dass, Sr : Shri Charan Dass, Sr DR Date of Hearing : 13/10 10/2023 Date of Pronouncement : 13/10 /10/2023 O R D E R Per Bench

This is an appeal filed by the assessee against the order of the ld This is an appeal filed by the assessee against the order of the ld This is an appeal filed by the assessee against the order of the ld CIT(A), NFAC, Delhi, , NFAC, Delhi, dated 27.4.2023 in Appeal No.ITBA/NFAC/S/250/2023 27.4.2023 in Appeal No.ITBA/NFAC/S/250/2023- 24/1052397889(1) 24/1052397889(1) for the assessment year 2016-17.

2.

None appeared on behalf of the assesse, when the matter was called None appeared on behalf of the assesse, when the matter was called None appeared on behalf of the assesse, when the matter was called on hearing. However, an adjournment petition is placed on record to on hearing. However, an adjournment petition is placed on record to on hearing. However, an adjournment petition is placed on record to adjourn the appeal on the ground that the assessee has not prepared the adjourn the appeal on the ground that the assessee has not prepared the adjourn the appeal on the ground that the assessee has not prepared the submission to be filed before the Tribunal. Considering the fact that the to be filed before the Tribunal. Considering the fact that the to be filed before the Tribunal. Considering the fact that the there was no appearance by the assessee before the ld CIT(A) and appeal there was no appearance by the assessee before the ld CIT(A) and appeal there was no appearance by the assessee before the ld CIT(A) and appeal P a g e 1 | 3 was disposed of exparte, we reject the adjournment petition and proceed to dispose of the appeal in the absence of the assessee.

3.

Shri Charan Dass, ld DR appeared on behalf of the revenue.

4.

We have heard ld Sr DR and perused the record of the case. A perusal of the order of the ld CIT(A) shows that there was no response from the side of the assessee despite giving various opportunities as is evident from the impugned order. It is also noted that during the assessment proceedings, the assessee has not appeared before the Assessing Officer and the assessment has been passed exparte. The only dispute in this case is the application of section 50C. In the grounds of appeal, the assessee has agitated that the Assessing Officer without considering the factual information and submission enhanced the long term capital gain returned by the assessee, which is not correct. This fact has not been agitated either before the AO or before the ld CIT(A). In view of above, we consider it deem and fit to restore the matter back to the file of the Assessing Officer to pass denovo assessment order after considering the written submission and evidences filed on record and may be filed during the fresh proceedings after granting adequate opportunity of hearing to the assessee. The assessee is also directed to cooperate with the Assessing Officer for fresh adjudication of the issue.

P a g e 2 | 3

5.

In the result, appeal of the assessee stands partly allowed for statistical purposes.

Order dictated and pronounced in the open court on 13/10/2023.

Sd/- sd/- (Rajesh Kumar) (George Mathan) ACCOUNTANT MEMBER JUDICIAL MEMBER Cuttack; Dated 13/10/2023 B.K.Parida, SPS (OS) Copy of the Order forwarded to :

1. 1. The Appellant : Sungreen Valleys Pvt Ltd., T-19, Civil Township, Rourkela.

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