TABADA SCS LIMITED,DEOGARH vs. INCOME TAX OFFICER, WARD - 2(1), SAMBALPUR
What did the Tribunal hold?
The Tribunal, in the interest of natural justice, decided to provide the assessee with another opportunity. The matter was remitted back to the Assessing Officer for a fresh decision after examining the submitted documents.
What were the facts?
The assessee's appeal was heard ex-parte as no one appeared for them. The assessee had failed to provide supporting documents to the Assessing Officer and CIT(Appeals). The assessee requested the matter be remitted back to the Assessing Officer to present these documents.
What were the issues?
Whether the assessee should be given another opportunity to present evidence before the Assessing Officer, and if the case should be remitted back for this purpose.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA-CUTTAK ‘e-COURT’, DB, KOLKATA
Before: Shri Duvvuru RL Reddy, Vice-(KZ) & Shri Rajesh Kumar
Per Duvvuru RL Reddy, Vice-President (KZ):- The present appeal is directed at the instance of assessee against the order of Id. Commissioner of Income Tax (Appeals),
ITA No. 438/CTK/2026 (A.Y. 2018-2019) Tabada SCS Limited National Faceless Appeal Centre (NFAC), Delhi, dated 19.02.2026 passed for Assessment Year 2018-2019.
Secretary of the assessee-company filed a petition dated 20.05.2026 before the Tribunal praying to adjourn the hearing towards 2nd week of July, 2026 or any further date as per Hon’ble Members convenience. Considering the facts and circumstances of the case, we do not deem it necessary to adjourn the hearing at this stage. The prayer for adjournment of hearing is rejected.
At the time of hearing before the Tribunal, none appeared on behalf of the assessee. We therefore, decided to dispose of the appeal after hearing the ld. Departmental Representative and perusing the material available on record.
At the time of hearing, it was the submission of the ld. Departmental Representative that the assessee failed to offer any explanation/supporting documents in respect of the grounds of appeal raised by it before the ld. Assessing Officer as well as ld. CIT(Appeals). Therefore, he pleaded to uphold the orders passed by the revenue authorities.
We have heard the ld. D.R. and perused the material available on record. The assessee did not furnish any documentary evidence in support of its claim before the ld. Assessing Officer. The ld. CIT(Appeals) just simply upholding the order of ld. Assessing Officer dismissed the appeal of the assessee ex-parte without going into merit of the case. Considering the totality of the facts and
ITA No. 438/CTK/2026 (A.Y. 2018-2019) Tabada SCS Limited circumstances of the case, we find that the assessee was not in a position to furnish some of the evidences before the ld. Assessing Officer. But now he requested to remit the matter back to the file of ld. Assessing Officer to decide the issue afresh and to examine these documents. Therefore, in order to ensure the principle of natural justice, we are of the view that it is a fit case to provide one more opportunity to the assessee. Therefore, we remit the matter back to the file of ld. Assessing Officer with a direction to dispose of the appeal without any inference on the observations of earlier order passed by him. At the same breath, we also hereby caution the assessee to promptly co-operate with the proceedings before the Ld. Assessing Officer failing which the Ld. Assessing Officer shall be at liberty to pass appropriate order in accordance with law and merits of the case, based on the materials available on the record. Thus, the grounds raised by the assessee in the appeal are partly allowed for statistical purposes.
In the result, the appeal of the assessee is partly allowed for statistical purposes. Order pronounced in the open Court on 22/05/2026.
Sd/- Sd/- (Rajesh Kumar) (Duvvuru RL Reddy) Accountant Member Vice-President (KZ) Kolkata, the 22nd day of May, 2026
Copies to :(1) Tabada SCS Limited, VIA Reamal, Dist. Deogarh, Sambalpur-768108, Odisha 3
ITA No. 438/CTK/2026 (A.Y. 2018-2019) Tabada SCS Limited
(2) Income Tax Officer, Ward-2(1), Sambalpur, Aayakar Bhavan, Ainthapali, Sambalpur-768004, Odisha (3) CIT(A), NFAC, Delhi; (4) CIT - , Sambalpur; (5) The Departmental Representative; (6) Guard File TRUE COPY By order Assistant Registrar, Income Tax Appellate Tribunal, Kolkata Benches, Kolkata Laha
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