UTKAL ATOMATIVE PVT. LTD,ROURKELA vs. ITO WARD-1, ROURKELA
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Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL,
IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK ‘SMC’ BENCH, CUTTACK , CUTTACK BEFORE BEFORE SHRI GEORGE MATHAN, JUDICIAL JUDICIAL MEMBER ITA No.217/CTK/2023 Assessment Year : 2013-14 Utkal Automotive Pvt Utkal Automotive Pvt Ltd., Vs. Income Tax Officer, Ward Income Tax Officer, Ward-1, F-9, 9, Civil Civil Township, Township, Rourkela Rourkela-769004. 769004. PAN/GIR No. PAN/GIR No.AAACU 6230 B (Appellant (Appellant) .. ( Respondent Respondent) Assessee by : Shri Sidhartha Ray, Sr. Adv Sidhartha Ray, Sr. Adv Revenue by : Shri S.C.Mohanty : Shri S.C.Mohanty, Sr DR Date of Hearing : 20/09 9/2023 Date of Pronouncement : 20/0 /09/2023 O R D E R
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 25.4.2023 in Appeal No.ITBA/NFAC/S/250/2023 ITBA/NFAC/S/250/2023- 24/1052313077(1) 24/1052313077(1) for the assessment year 2013-14.
Shri Sidhartha Ray, Shri Sidhartha Ray, ld Sr. Counsel appeared for the assessee and Shri . Counsel appeared for the assessee and Shri S.C.Mohanty, ld Sr DR appeared for the revenue. S.C.Mohanty, ld Sr DR appeared for the revenue.
It was submitted by ld Sr. counsel for the assessee that the It was submitted by ld Sr. counsel for the assessee that the It was submitted by ld Sr. counsel for the assessee that the Assessing Officer had asked for certain details regarding interest expens Assessing Officer had asked for certain details regarding interest expens Assessing Officer had asked for certain details regarding interest expenses. The assessee had unfortunately not provided all the details. It was the The assessee had unfortunately not provided all the details. It was the The assessee had unfortunately not provided all the details. It was the
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ITA No.217/CTK/2023 Assessment Year : 2013-14
submission that consequently, the Assessing Officer had made the disallowance of interest expenses and on appeal before the ld CIT(A), the assessee had unfortunately not represented his matter, as the assessee was unaware of the notices. It was the prayer that the issues in the appeal may be restored to the file of the Assessing Officer for re-adjudication and the assessee shall cooperate in the assessment proceedings and provide all the details.
In reply, ld Sr DR vehemently submitted that the assessee has been non-cooperative and if at all to decide to restore the matter, the issues may be restored to the file of the ld CIT(A). It was the submission that in fact on account of the non-cooperation, the appeal of the assessee is liable to be dismissed.
I have considered the rival submissions. A perusal of the page 2 of the assessment order shows that the assessee has only provided some of the copies of the expenses and no details of the stock dispute have been provided. A perusal of the order of the ld CIT(A) shows that the ld CIT(A) has granted five opportunities but again no submissions have been made before the ld CIT(A). This being so, in the interest of justice, the issues in the appeal are restored to the file of the Assessing Officer for re- adjudication after granting the assessee adequate opportunity of being heard. The assessee is directed to cooperate in the assessment proceedings. P a g e 2 | 3
ITA No.217/CTK/2023 Assessment Year : 2013-14
In the result, appeal of the assessee stands partly allowed for statistical purposes.
Order dictated and pronounced in the open court on 20/09/2023.
Sd/- (George Mathan) JUDICIAL MEMBER Cuttack; Dated 20/09/2023 B.K.Parida, SPS (OS) Copy of the Order forwarded to : 1. The Appellant : Utkal Automotive Pvt Ltd., F-9, Civil Township, Rourkela-769004 2. The Respondent: Income Tax Officer, Ward- 1, Rourkela 3. The CIT(A)-NFAC, Delhi. 4. Pr.CIT, Sambalpur 5. DR, ITAT, Cuttack 6. Guard file. //True Copy// By order
Sr.Pvt.secretary ITAT, Cuttack
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