NEELACHAL GRAMYA BANK,BHUBANESWAR vs. DCIT, CIRLCE-2(1), BHUBANESWAR
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Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL,
Before: BEFORE SHRI GEORGE MATHANMANISH AGARWAL
IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER MEMBER AND MANISH AGARWAL MANISH AGARWAL, ACCOUNTANT MEMBER , ACCOUNTANT MEMBER ITA Nos.369 to 372 /CTK/2024 Assessment Years : 2012-13 & 2013-14 Assessment Year 14 Neelachal Neelachal Gramya Gramya Vs. DCIT, Circle-2(1), 2(1), Bank,190/702, /702, Kokila Kokila Bhubaneswar Residency, Residency, Ananta Ananta Bihar, Bihar, Airport Area Post Area Post Office, Office, Pokhariput, Bhubaneswar Bhubaneswar PAN/GIR No. No.AAALN 0450 F (Appellant (Appellant) .. ( Respondent Respondent) Assessee by Assessee by : S/Shri B.K.Mahapatra and A.K.Sabat, CAs B.K.Mahapatra and A.K.Sabat, CAs Revenue by : Shri Saroj Kumar Dubey, CIT aroj Kumar Dubey, CIT DR Date of Hearing : 30/9/202 24 Date of Pronouncement : 30/9/20 024
O R D E R Per Bench
ITA No.371 71 and 372/CTK/2024 are the appeals filed by the assessee filed by the assessee against the order of th against the order of the ld CIT(A), NFAC, Delhi dated 10.7.202 e ld CIT(A), NFAC, Delhi dated 10.7.2024 in Appeal No.CIT(A),Bhubaneswar CIT(A),Bhubaneswar-1/11032//2017-18 and No.NFAC/2012- 13//10014346 for the assessment years 2012-13 and 2013 13 and 2013-14, in the matter of assessment under section 143(3)/147 of the Act. matter of assessment under section 143(3)/147 of the Act.
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ITA Nos.369 to 372 /CTK/2024 Assessment Years : 2012-13 & 2013-14
ITA No.369/CTK/2024 and ITA No.370/CTK/2024 are the appeals filed by the assessee against the order dated 10.7.2024 in Appeal No.CIT(A), Bhubaneswar-1/10086/2018-19 and CIT(A), Bhubnaneswar- 1/10087/2018-19 for the assessment year 2012-13 & 2013-14, in the matter of penalty under section 221(1) of the Act.
Shri B.K.Mahapatra and A.K.Sabat, CAs appeared for the assessee and Shri Saroj Kumar Dubey, ld CIT DR appeared for the revenue.
It was submitted by ld AR that the ld CIT(A) has not given due opportunity of hearing to the assessee and passed the impugned orders exparte. It was the submission that the ld CIT (A) has given only one effective opportunity on 15.5.2024 by issuance of notice dated 2.5.2024. It was the further submission that the Assessing Officer has also not considered all the returns filed by the assessee during the original assessment as well as during reassessment proceedings. It was the submission that in the penalty proceedings, adequate opportunity of hearing was not afforded to the assessee, therefore, the principle of natural justice has not been followed. Ld AR submitted that the appeals in regard to quantum as well as penalty be restored to the file of the ld CIT(A) to readjudicate the issue on merits and the assessee would cooperate by filing all the necessary documents to substantiate its case.
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ITA Nos.369 to 372 /CTK/2024 Assessment Years : 2012-13 & 2013-14
In reply, ld CIT DR did not have any objection in restoring the appeals to the file of the ld CIT(A).
We have considered the rival submissions. A perusal of the quantum as well as penalty orders of the ld CIT(A) shows that the assessee has not been given due opportunity of hearing. In the Bar, the ld AR has requested to allow one more opportunity of hearing to the assessee. In view of above, the issues in the appeals are restored to the file of the ld CIT(A) for fresh adjudication. The ld CIT(A) is directed to readjudicate the quantum appeals and then to proceed for readjuidication of the penalty under section 221(1) of the Act after allowing adequate opportunity of hearing to the assessee. The assessee is directed to file all the documentary evidences in support of its claims before the ld CIT(A), as it deems necessary.
In the result, all the appeal of the assessee stand partly allowed for statistical purposes.
Order dictated and pronounced in the open court on 30/9/2024.
Sd/- sd/- (Manish Agarwal) (George Mathan) ACCOUNTANT MEMBER JUDICIAL MEMBER Cuttack; Dated 30/9/2024 B.K.Parida, SPS (OS)
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ITA Nos.369 to 372 /CTK/2024 Assessment Years : 2012-13 & 2013-14
Copy of the Order forwarded to : 1. The Appellant : Neelachal Gramya Bank,190/702, Kokila Residency, Ananta Bihar, Airport Area Post Office, Pokhariput, Bhubaneswar 2. The Respondent: DCIT, Circle-2(1), Bhubaneswar 3. The CIT(A)- NFAC, Delhi 4. Pr.CIT, Bhubaneswar 5. DR, ITAT, 6. Guard file. By order //True Copy//
Sr.Pvt.Secretary ITAT, CUTTACK
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