MASN PAPER TRADING PRIVATE LIMITED,HYDERABAD vs. ITO, WARD 16(3), HYDERABAD
What did the Tribunal hold?
The Tribunal found that the assessee was not given adequate opportunity to present its case by the lower authorities. Therefore, the matter was restored to the Assessing Officer for one final opportunity to substantiate its case.
What were the facts?
The assessee company filed its return of income, which was selected for scrutiny. The Assessing Officer made significant additions due to the assessee's inability to furnish complete details, citing COVID-19 affecting its directors. The CIT(A) upheld the AO's order.
What were the issues?
Whether the assessee was denied a proper opportunity to be heard and present its documents before the Assessing Officer and CIT(A) due to circumstances beyond its control.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, Hyderabad ‘A‘ Bench, Hyderabad
Before: Shri R.K. Panda, Vice- & Shri Laliet Kumar
आयकर अपील�य अ�धकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘A‘ Bench, Hyderabad Before Shri R.K. Panda, Vice-President AND Shri Laliet Kumar, Judicial Member Assessment Year: 2018-19 MASN Paper Trading (P) Vs. Income Tax Officer Ltd, Hyderabad Ward 16(3) PAN:AAKCM9783F Hyderabad (Appellant) (Respondent) Assessee by: Shri Vinod Kathepally, Adv. Revenue by: Shri Shakeer Ahmed, DR Date of hearing: 31/07/2023 Date of pronouncement: 31/07/2023 ORDER
Per R.K. Panda, Vice-President
This appeal filed by the assessee is directed against the order dated 4.4.2022 of the learned CIT (A)-NFAC Delhi, relating to A.Y.2018-19.
At the outset, it is seen that there is a delay of 25 days in filing of this appeal by the assessee for which the assessee has filed a condonation application along with an affidavit explaining the reasons for such delay. After considering the contents of the condonation application and after hearing both sides, the delay in filing of this appeal by the assessee is condoned and the appeal is admitted for adjudication.
Although a number of grounds have been raised by the assessee, however, these all relate to the order of the Learned CIT (A) NFAC in confirming the order passed by the Assessing Officer determining the income at Rs.5,23,20,234/- as against the returned income of Rs.6,33,240/-.
Facts of the case, in brief, are that the assessee is a private limited company and filed its return of income on 30.03.2021 disclosing a total income of Rs.6,33,240/-. The return was selected for complete scrutiny and statutory notices u/s 143(2) & 142(1) were issued to the assessee asking to file various details. The assessee furnished some details before the Assessing Officer, however, complete details were not furnished. The Assessing Officer passed the draft assessment order which the assessee received on 6.8.2021 wherein the assessee was directed to furnish the requisite details. However, the assessee sought adjournment on the ground that both the Directors of the company are affected by COVID and are at their native place. The Assessing Officer did not accept the request of the assessee for adjournment and final order u/s 143(3) r.w.s. 144B was passed assessing the total income of the assessee at Rs.5,23,20,230/-.
Before the learned CIT (A) NFAC, the assessee challenged the determination of the income at Rs.5,23,20,230/- as against the returned income of Rs.6,33,240/- without giving adequate opportunity for production of document before completing the assessment. However, the learned CIT (A) NFAC was also not satisfied with the arguments and dismissed the appeal filed by the assessee by observing as under:
ITA 263 of 2022 MASN Paper Trading P Ltd ITA 263 of 2022 MASN Paper Trading P Ltd
Aggrieved with such order of the learned CIT (A) the assessee is in appeal before the Tribunal.
The learned Counsel for the assessee submitted that high pitch assessment has been made by the Assessing Officer without giving due opportunity of being heard to the assessee and without following the principles of natural justice. Even the learned CIT (A) NFAC has also not given due opportunity of being heard to the assessee and he rejected the adjournment application filed by the assessee and upheld the actin of the Assessing Officer. He submitted that in the interest of justice, the assessee should be given an opportunity to substantiate its case before the Assessing Officer.
The learned DR, on the other hand, while supporting the order of the Assessing Officer and the learned CIT (A) NFAC submitted that despite number of opportunities granted by both the lower authorities below, the assessee did not respond to such notices for which addition has been made which is just and proper. Therefore, the addition made by the Assessing Officer and sustained by the learned CIT (A) NFAC should be upheld.
We have heard the rival arguments made by both the sides, perused the orders of the AO and the learned CIT (A) and the paper book filed on behalf of the assessee. We find the AO in the instant case determined the total income of the assessee at Rs.5,23,20,234/- as against the returned income of Rs.6,33,240/- by making various additions. While doing so, he rejected the adjournment application filed by the assessee wherein it was stated that the Directors have been affected by COVID and are residing at their native places and are not in a position to file the requisite details. We find the learned CIT (A) NFAC without giving adequate opportunity has upheld the action of the Assessing Officer, the reasons of which are already reproduced in the preceding paragraph. It is the submission of the learned Counsel for the assessee that due opportunity of being heard to the assessee was not given by either of the authorities below and therefore, the matter should be restored to the file of the Assessing Officer with a direction to give one final opportunity to the assessee to substantiate its case. Considering the totality of the facts of the case and in the interest of justice, we deem it proper to restore the issue to the file of the Assessing Officer with a direction to grant one last opportunity to the assessee to substantiate its case by filing the requisite details and decide the issue as per fact and law. The assessee is also hereby directed to file the requisite details before the Assessing Officer as asked for without seeking any adjournment under any pretext failing which the Assessing Officer is at liberty to pass appropriate order as per law. We hold and direct accordingly. The grounds raised by the assessee are accordingly allowed for statistical purposes.
In the result, the appeal filed by the assessee is allowed for statistical purposes. Page 6 of 7
More judgments on Section 142(1)
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Subhash Chand Saini, Jaipur vs ITO Ward, Behror, BherorITA 36/JPR/2023[2017-18]Status: Disposed21 Oct 2026AY 2017-18
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Venish Vinodray Lalani, Rajkot vs Income Tax Officer, MorbiITA 197/RJT/2026[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Gaurav Jiteshbhai Joshi, Rajkot vs Income Tax Officer, Ward 1(1)(1), RajkotITA 1000/RJT/2026[2022-23]Status: Disposed19 Oct 2026AY 2022-23
Recent GST High Court judgments
Search GST case law →- Mascot Constructions Co. And Another vs. The Commissioner Of Goods And Services Tax (GST) And AnotherBombay · 22 Oct 2026
- Ankil Jagdishchandra Kholwadwala vs. Union Of INDIA And AnrBombay · 22 Oct 2026
- Fasil Hussain Shah vs. Ut Of J And K Th Commissioner Secretary TO Government Finance Department And OthersJammu and Kashmir and Ladakh · 21 Oct 2026
- M/S. Devkinandan Traders vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- M/S Dixit Medical Agencies vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026