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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 12.01.2024, passed by the CIT(A), National Faceless Appeal Centre (NFAC), Delhi in DIN & Order No.ITBA/NFAC/S/250/2023- 24/1059666930(1) for the assessment year 2014-2015. 2. Ld. AR has filed an adjournment application; however, at the time of hearing, he withdrew the said application and argued the appeal on merits. Accordingly, adjournment application is dismissed as withdrawn and appeal is disposed off finally.
It was submitted by the ld. AR that the ld. CIT(A) without considering the additional evidence filed by the assessee during the course of appellate proceedings, dismissed the appeal of the assessee. It was also submitted by the ld. AR that the AO while making assessment, has not provided sufficient opportunity to produce the documents as 2 required. It was the prayer that the issues in this appeal may be restored to the file of AO for readjudication afresh and the assessee may kindly be granted sufficient opportunity of being heard.
In reply, ld. Sr.DR submitted that the assessee could not furnish any documents during the course of assessment before the AO to substantiate its claim. It was submitted that the assessee has filed incomplete additional evidence which does not in way buttress the grounds of appeal filed by the assessee. Thus, it was the prayer of the ld. Sr. DR that orders of the authorities below should be upheld.
We have considered the rival submissions. A perusal of the impugned order passed by the ld. CIT(A), shows that the assessee could not submit any documents before the AO, however, the assessee has filed additional evidence during the course of appellate proceedings, which are incomplete. Looking to the facts and circumstances of the case as well as the prayer of the ld. AR of the assessee, we restore the issues to the file of ld. AO for readjudication afresh 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 28/05/2024. (MANISH AGARWAL) (GEORGE MATHAN) ऱेखा सदस्य/ ACCOUNTANT MEMBER न्यानयक सदस्य / JUDICIAL MEMBER कटक Cuttack; ददनाांक Dated 28/05/2024 Prakash Kumar Mishra, Sr.P.S.
3 आदेश की प्रनतलऱपऩ अग्रेपषत/Copy of the Order forwarded to : अऩीऱाथी / The Appellant-
Manas Ranjan Pattnayak, Chadragiri, Mohana, District : Gajapati प्रत्यथी / The Respondent-
ACIT(Exemption) Cir. Bhubaneswar आयकर आयुक्त(अऩीऱ) / The CIT(A), 3. आयकर आयुक्त / CIT 4. ववभागीय प्रतततनधध, आयकर अऩीऱीय अधधकरण, कटक / DR,
ITAT, Cuttack 6. गार्ड पाईऱ / Guard file.
सत्यावऩत प्रतत //// आदेशानुसार/ BY ORDER,
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