BIPIN KUMAR AGRAWAL,BADABAZAR, SAMBALPUR vs. DCIT,CIRCLE-2, SAMBALPUR
What did the Tribunal hold?
The Tribunal noted that crucial evidence available with the Assessing Officer was not shared with the assessee, and substantial fresh evidence was produced before the Tribunal. Therefore, in the interest of justice, the matter was restored to the Assessing Officer for re-adjudication.
What were the facts?
The assessee filed an appeal against the CIT(A)'s order. The Revenue pointed out that the assessee produced additional evidence before the Tribunal which was not submitted before the lower authorities. The assessee argued that the addition was based on GST information not shared with them and that the Assessing Officer did not conduct proper verification.
What were the issues?
Whether the Assessing Officer properly shared information with the assessee and conducted adequate verification of purchases. Whether fresh evidence produced before the Tribunal warrants a remand for re-examination.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
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 Assessment Year : 2018-19 Bipin Bipin Kumar Kumar Agrawal, Agrawal, Vs. DCIT, Circle DCIT, Circle-2, Sambalpur Badabazar, Sambalpur Badabazar, Sambalpur PAN/GIR No. No.ABWPA 9233 E (Appellant (Appellant) .. ( Respondent Respondent) Assessee by Assessee by : Shri Rohit Kumar Singhania & Bijay Kumar Agrawal Rohit Kumar Singhania & Bijay Kumar Agrawal, CA Revenue by : Shri S.C.Mohanty S.C.Mohanty, Sr DR Date of Hearing : 29/8 8/2024 Date of Pronouncement : 29/8 /8/2024 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 31.1.2024 in Appeal No.NFAC/2017 31.1.2024 in Appeal No.NFAC/2017- 18/10225895 for the assessment year 2018-19.
Shri Rohit Kumar Singhania & Bijay Kumar Agrawal, Rohit Kumar Singhania & Bijay Kumar Agrawal, Rohit Kumar Singhania & Bijay Kumar Agrawal, ld ARs appeared for the assessee and Shri the assessee and Shri S.C.Mohanty, Sr. DR appeared for the revenue. DR appeared for the revenue.
At the very outset, it At the very outset, it was submitted by ld Sr DR that the assessee by ld Sr DR that the assessee has produced additional evidences in the form of bills, transportation has produced additional evidences in the form of bills, transportation has produced additional evidences in the form of bills, transportation
P a g e 1 | 4 Assessment Year : 2018-19 receipts, challans, site stock registers and various other documents being pages 55 to 128 of Paper Book. Ld Sr DR submitted that the assessee has sought permission to file the additional evidences. It was the submission that the additional evidences were not produced before the Assessing Officer, therefore, the issues may be restored to the file of the Assessing Officer for readjudication and examination of the evidences.
In reply, ld AR submitted that out of total purchases of Rs.21,07,58,529/-, the Assessing Officer is only challenging the purchase of Bitumen from M/s. RK Traders to an extent of Rs.37,27,195/-. It was the submission that the whole addition is on the basis of some reports/information received from GST Department that the M/s. RK Traders was indulging in purchase and sale only on paper without actual movement of goods. Ld AR submitted that the detail of the said information which has been received by the Assessing Officer has not been put to the assessee. It was the further submission that the Assessing Officer himself has not done any examination or verification. It was the submission that the addition as made by the Assessing Officer and confirmed by ld CIT(A) is liable to be deleted. It was fairly admitted by ld AR that the evidences as submitted in paper book at pages 55 to 128 were not available before the lower authorities and has been produced before the Tribunal.
We have considered the rival submissions. Admittedly, substantial documents which have been called for by the Assessing officer have been P a g e 2 | 4 Assessment Year : 2018-19 produced by the assessee before the Tribunal for the first time. A perusal of the assessment order clearly shows that the Assessing Officer had issued notice u/s.133(6) of the Act to M/s. RK Traders and they had also responded vide letter dated 7.3.2023. A perusal of the assessment order also clearly shows that the Assessing Officer has discarded the reply of M/s. RK Traders without pointing out any specific error in the submission or reply of M/s RK Traders. A perusal of the assessment order also shows that the Assessing Officer has received information from the GST Department and this information which has been received has not been put to the assessee. Further, a perusal of the assessment order shows that the Assessing Officer in para 1.3 mentions that the assessee was issued a show cause notice under 148A(b) of the Act and the assessee has responded to the same also. Thus, clearly, evidences available with the Assessing Officer have not been put to the assessee for his rebuttal. This being so, in the interest of justice insofar as the assessee has not been put to the notice of all the evidences available with the Assessing Officer in respect of transactions with M/s. RK Traders, which is being claimed as bogus and also on account of the fact that substantial fresh evidences have been produced by the assessee for the first time before the Tribunal, the issues in this appeal are restored to the file of the Assessing Officer for re-adjudication after granting the assessee adequate opportunity of being heard. The Assessing Officer shall
P a g e 3 | 4 Assessment Year : 2018-19 provide the assessee the information in respect of the proposed addition if he intends to use any of the said materials against the assessee. 6. In the result, appeal of the assessee stands partly allowed for statistical purposes.
Order dictated and pronounced in the open court on 29/08/2024.
More judgments on Section 133(6)
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Rangoli Hotel, Mehsana vs DCIT, Circle, Gandhinagar, GandhiangarITA 2286/AHD/2026[2020-21]Status: Disposed21 Oct 2026AY 2020-21
- Shree Bandharda Seva Sahkari Mandli Ltd… vs Income Tax Officer Ward -4, JunagadhITA 881/RJT/2025[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Vikas Ashokkumar Masand, Ahmedabad vs The Dy. Commissioner of Income Tax…ITA 3130/AHD/2026[A.Y. 2017-18]Status: Disposed19 Oct 2026
- Ritu Rajesh Gohil, Jamnagar, Gujarat vs ITO Ward 2(1), Jamnagar, GujaratITA 109/RJT/2026[2018-19]Status: Disposed15 Oct 2026AY 2018-19
Recent GST High Court judgments
Search GST case law →- M/S Rst Batteries vs. Deputy Commissioner CGST Delhi West & Ors.Delhi · 14 Oct 2026
- Dr.Sunil Kumar Padhi vs. The Chief Commissioner, GST And Central Excise, BhubaneswarOrissa · 14 Oct 2026
- N.K Fashion Through It Proprietor Mr. Narender Agarwal vs. Assistant Commissioner Of Central Goods And Service Tax, Delhi EastDelhi · 14 Oct 2026
- J M Mhatre Infra PVT. LTD Thr. Authorized Chetanj Mhatre vs. Union Of INDIA Thr. Secretary And OrsBombay · 14 Oct 2026
- J M Mhatre Infra PVT. LTD Thr. Authorized Chetan J. Mhatre vs. Union Of INDIA Thr. Secretary And OrsBombay · 14 Oct 2026