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Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL,
Before: MANISH 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 JUDICIAL MEMBER AND MANISH AGARWAL MANISH AGARWAL, ACCOUNTANT MEMBER , ACCOUNTANT MEMBER ITA No.254/CTK/2024 Assessment Year : 2009-10 MGM Minerals Limited., 65, MGM Minerals Limited., 65, Vs. DCIT, Circle DCIT, Circle-2(1), Forest Park, Bhubaneswar Forest Park, Bhubaneswar Bhubaneswar Bhubaneswar PAN/GIR No. No.AADCM 2818 E (Appellant (Appellant) .. ( Respondent Respondent) Assessee by : S/Shri B.K.Mahapatra/A.K.Sabat, /A.K.Sabat, CAs Revenue by : Shri Sanjay Kumar, CIT Sanjay Kumar, CIT DR Date of Hearing : 5/9/ /2024 Date of Pronouncement : 5/9 /9/2024 O R D E R Per Bench 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 14.6.2023 in Appeal No.CIT(A), CIT(A), Bhubaneswar- 1/10090/2016 /2016-17 for the assessment year 2009-10.
S/Shri B.K.Mahapatra/A.K.Sabat, S/Shri B.K.Mahapatra/A.K.Sabat, ld ARs appeared for appeared for the assessee and Shri Sanjay Kumar, ld CIT Sanjay Kumar, ld CIT DR appeared for the revenue. DR appeared for the revenue.
The appeal is time barred by The appeal is time barred by 292 days. The assessee 292 days. The assessee has filed condonation petition supported by affidavit for condoning the delay. In the condonation petition supported by affidavit for condoning the delay. In the condonation petition supported by affidavit for condoning the delay. In the petition, it is stated that petition, it is stated that the statutory auditors, while auditing the accounts the statutory auditors, while auditing the accounts
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ITA No.276/CTK/2024 Assessment Year : 2008-09
for the accounting year 2023-24 during the month of May, 2024 and while reviewing the status of tax demand, appeals, tax assessments, etc from the Income tax Portal, pointed out that an order u/s.250 of the I.T.Act dated 14.6.2023 has been passed, wherein, the appeal of the assessee has been dismissed. It was in this backdrop that the asssessee consulted the tax consultant for filing the appeal, for which, there was delay of 292 days. It was requested to condone the delay. The reasons stated in the condonation petition have not been found to be false. Therefore, we condone the delay of 292 days and admit the appeal for adjudication.
It was submitted by ld AR that the ld CIT(A) has passed order exparte without affording reasonable opportunity of hearing to the assessee. Ld AR also submitted that assessment has been completed u/s.143(3)/147 and the issue of notice including in view of the reasons recorded for reopening is erroneous and illegal and, therefore, assessment order should be quashed apart from merits of the case.
However, ld AR submits that since the ld CIT(A) has passed an exparte order the matter may be restored to the file of the ld CIT(A) and the assessee be allowed adequate opportunity to present its case before the ld CIT(A) with documentary evidences. Therefore, in the interest of justice, we set aside the order of the ld CIT(A) and remit the matter back to the file of ld CIT(A) and readjudicate the issue after affording reasonable opportunities of hearing to the assessee, subject to cost of Rs.25,000/- P a g e 2 | 3
ITA No.276/CTK/2024 Assessment Year : 2008-09
(Rupees twenty five thousand only) to be deposited within 60 days from the date of this order under the head “others” in ITNS challan 280 in the Account No.500 and same is to be filed before the ld CIT(A) when the appeal is posted for hearing. In the event the cost is not paid, the order passed by the ld CIT(A) and that of the AO would stand confirmed.
In the result, appeal of the assessee stands partly allowed for statistical purposes.
Order dictated and pronounced in the open court on 5/9/2024. Sd/- sd/- (Manish Agarwal) (George Mathan) ACCOUNTANT MEMBER JUDICIAL MEMBER Cuttack; Dated 5/9/2024 B.K.Parida, SPS (OS) Copy of the Order forwarded to : 1. The Appellant : MGM Minerals Limited., 65, Forest Park, 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. //True Copy// By order
Sr.Pvt.Secretary ITAT, Cuttack
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