THR TRICHIRAPALLI DISTRICT AMARATHY CONSUMERS CO-OPERATIVE STORE LTD,TRICHY TRICHIRAPALLI vs. DCIT, CIRCLE 1(1), TRICHY, TRICHY, TIRUCHIRAPPALLI
What did the Tribunal hold?
The Tribunal observed that the lower authorities decided the case without considering the relevant materials. The Tribunal remanded the matter back to the Assessing Officer for a de-novo assessment.
What were the facts?
The assessee's appeal was against an order from the CIT(A). The assessee had failed to submit necessary audit reports and other relevant materials before the lower authorities.
What were the issues?
Whether the case should be remanded to the Assessing Officer for fresh consideration of evidence that was not previously submitted.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘B’ BENCH: CHENNAI
Before: SHRI MANJUNATHA. G & SHRI MANOMOHAN DAS
PER MANOMOHAN DAS, J.M: This is an appeal by the assessee is directed against the order of the learned Commissioner of Income-Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 07-02-2023 pertaining to the Assessment Year [AY] 2017-18.
The Ld. AR during the hearing of the appeal prayed to the Bench that the matter should be remanded to the Ld. Assessing Officer [AO] so that the assessee can present necessary audit report and other relevant materials before the Ld. AO in order to substantiate his case.
We observe that, the lower authorities have decided the case against the assessee as the assessee could not file audit report and other relevant materials before the Ld. AO as well as before the Ld. CIT(A). Therefore, the disposal of the case by the lower authorities were without consideration of the relevant materials. Secondly, the Ld. DR also has no objection in case of remanding the case to the Ld. AO before whom the assessee can substantiate his claims. Accordingly, in the interest of justice, we remand the matter back to the Ld. AO for passing of a de-novo assessment order. Meanwhile, we set aside the orders passed by the Ld. AO dated 31-12-2019 as well as order of the Ld. CIT(A), National Faceless Appeal Centre, Delhi dated 07-12-2023 respectively. At the same time, we direct the assessee to substantiate his claims before the Ld. AO.
Order accordingly.
3 -: 4. In the result, the appeal filed by the assessee is allowed for statistical purposes.
Order pronounced on 23rd August, 2023.
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