ASHOK KUMAR SINGH,CUTTACK vs. ITO,WARD--1, CUTTACK
What did the Tribunal hold?
The Tribunal granted the assessee one more opportunity to substantiate their case before the CIT(A). The CIT(A) is directed to pass an order after providing a reasonable opportunity of hearing.
What were the facts?
The assessee's appeal before the CIT(A) was decided ex-parte due to non-representation and failure to furnish documents. The assessee sought one more opportunity to present their case, citing compelling circumstances.
What were the issues?
Whether the assessee should be granted another opportunity to present their case before the CIT(A) after failing to appear and provide documents earlier.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL,
Before: BEFORE SHRI GEORGE MATHANMANISH AGARWAL
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 dated CIT(A), NFAC, Delhi dated 5.6.2024 in Appeal No.NFAC/2017 /2017-18/10097624 for the assessment year 2018 for the assessment year 2018-19.
Shri Sanjay Acharya, Sanjay Acharya, ld AR appeared for the assessee and Shri the assessee and Shri S.C.Mohanty, Sr. S.C.Mohanty, Sr. DR appeared for the revenue.
P a g e 1 | 3
It was submitted by ld AR that the ld CIT(A) has upheld the additions made by the Assessing Officer on account of non-representation by the assessee. It was his prayer that if one more opportunity is granted, the assessee will cooperate in the set aside proceedings and produce all such documents as required by the ld CIT(A). To this request, ld Sr DR did not have any serious objection.
We have considered the rival submissions. A perusal of the order of ld CIT(A) shows that he has given three opportunities to the assessee to represent his case but there was no response from the side of the assessee, which was compelled by the ld CIT(A) to pass the order. Now, ld AR prayed for one more opportunity as due to some compelling situation, the assessee could not furnish the required documents before the ld CIT(A) and substantiate his arguments on the additions. Hence, in the interest of justice, one more opportunity is allowed to the assessee to substantiate his case before the ld CIT(A), who shall pass the order after allowing reasonable opportunity of hearing to the assessee. It may be mentioned that since the assessee did not cause appearance before the Ld. CIT(A), the assessee is directed to promptly comply with all notices of hearing and in case of any further default on part of the assessee to cause appearance, Ld. CIT(A) would be at liberty to pass orders on the basis of materials available on record, in accordance with law.
P a g e 2 | 3
In the result, appeals of the assessee stand partly allowed for statistical purposes.
Order dictated and pronounced in the open court on 23/9/2024.
Sd/- sd/- (Manish Agarwal) (George Mathan) ACCOUNTANT MEMBER JUDICIAL MEMBER Cuttack; Dated 23/9/2024 B.K.Parida, SPS (OS) Copy of the Order forwarded to : 1. Ashok Kumar Singh, C/o. Cuttack Diesels, OMP Square, Cuttack 2. The Respondent: ITO, National e- Assessment Centre, Delhi 3. The CIT(A)- NFAC, Delhi 4. Pr.CIT, Cuttack 5. DR, ITAT, 6. Guard file. //True Copy// By order
Sr.Pvt.Secretary ITAT, Cuttack
P a g e 3 | 3
Recent GST High Court judgments
Search GST case law →- Puspanjali Bhuyan vs. The Commissioner Of CT And GST, OdishaOrissa · 14 Oct 2026
- M/S A2Z Infra Engineering LTD vs. Union Of INDIA And Ors.Calcutta · 14 Oct 2026
- Kundan Patel vs. State Bank Of INDIAMadhya Pradesh · 13 Oct 2026
- M/S Pacific Export vs. The State Of Madhya PradeshMadhya Pradesh · 13 Oct 2026
- M/S Kashiram Fuels Lole Propritorship Firm Through Proprietor Swati vs. Bank Of INDIAMadhya Pradesh · 13 Oct 2026