JAI MATADI ASSOCIATES,BHUBANESWAR vs. ITO,WARD-2(1), BHUBANESWAR
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Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK
Before: SHRI GEORGE MATHAN & SHRI MANISH AGARWAL
Per Bench : This is an appeal filed by the assessee against the order dated 03/06/2024, passed by the CIT(A), National Faceless Appeal Centre (NFAC), Delhi in DIN & Order No.ITBA/NFAC/S/250/2024- 25/1065345750(1) for the assessment year 2017-2018. 2. It was submitted by the ld. AR that the assessee has purchased machineries in the form of JCB for excavation purpose in mines. The assessee has neither explained the source of purchase nor produced the evidences before the AO. It was the submission that on appeal, the assessee had produced the evidences before the ld. CIT(A) with his submissions dated 24.05.2024. It was the submission that the purchase invoices and registration certificate of the JCB machinery were admittedly fresh evidence but no application under Rule 46A of the IT Rules has 2 been filed before the ld. CIT(A). The ld. CIT(A) has not considered such evidences and confirmed the assessment order. It was the prayer that if the issues are restored to the file of ld. AO, the assessee will be able to produce all the evidences before the AO for readjudication.
In reply, ld. Sr. DR did not raise any serious objection.
We have considered the rival submissions. A perusal of the facts of the present case clearly shows that the assessee has produced all the evidences in the appellate proceedings. Admittedly, the assessee has produced these evidences without the necessary application under Rule 46A. The evidences have not been produced before the AO but produced for the first time before the ld. CIT(A), thus, require an application under Rule 46A of the IT Rules. This being so, in the interest of justice, as it is noticed that the assessee has got the evidences to explain the source of purchase of machineries, therefore, the issues in this appeal are restored to the file of ld. AO for readjudication after granting the assessee adequate opportunity of being heard.
In the result, appeal of the assessee is partly allowed for statistical purposes. Order dictated and pronounced in the open court on 27/08/2024. (MANISH AGARWAL) (GEORGE MATHAN) ऱेखा सदस्य/ ACCOUNTANT MEMBER न्यानयक सदस्य / JUDICIAL MEMBER कटक Cuttack; ददनाांक Dated 27/08/2024 Prakash Kumar Mishra, Sr.P.S.
3 आदेश की प्रनतलऱपऩ अग्रेपषत/Copy of the Order forwarded to : अऩीऱाथी / The Appellant-
Jai Matadi Associates, Majestic Apartment, Flat No.402 Near Jharpara Jail Road, Shantinagar, Bhubaneswar प्रत्यथी / The Respondent-
NFAC, Delhi/ ITO, Ward-2(1), Bhubaneswar 3. आयकर आयुक्त(अऩीऱ) / The CIT(A), आयकर आयुक्त / CIT 4. ववभागीय प्रतततनधध, आयकर अऩीऱीय अधधकरण, कटक / DR,
ITAT, Cuttack 6. गार्ड पाईऱ / Guard file. आदेशानुसार/ BY ORDER, सत्यावऩत प्रतत //// (
