TATANAGAR AGROTECH PRIVATE LIMITED,JAMSHEDPUR vs. ITO WARD 3(1), JAMSHEDPUR
What did the Tribunal hold?
The Tribunal restored the issues to the CIT(A) for re-adjudication, directing the CIT(A) to grant the assessee an adequate opportunity of being heard and to examine the admissibility of fresh evidence under Rule 46A.
What were the facts?
The assessee's appeal was filed against an ex parte order from the NFAC. No evidence was produced before the Assessing Officer, leading to the CIT(A) also passing an ex parte order.
What were the issues?
Whether the CIT(A) correctly passed ex parte orders and whether fresh evidence can be admitted without proper justification and verification.
Which sections of the Income-tax Act were involved?
Rule 46A
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “RANCHI BENCH, RANCHI
Before: SHRI GEORGE MATHAN & SHRI RATNESH NANDAN SAHAY
Per Bench: This is an appeal filed by the assessee against the order of the NFAC, Delhi [hereinafter referred to as the ‘CIT(A)’] in appeal no. CIT(A), Jamshedpur/10089/2018-19 dated 03.05.2024 for the assessment year 2011-12. 2. Shri Akshay Ringasia, CA represented on behalf of the assessee and Shri Sandipan Khan, Sr. DR represented on behalf of the revenue.
A perusal of the facts in the present appeal shows that the orders of the Assessing Officer and also the ld. CIT(A) are ex parte orders. It is to be mentioned here that as no evidences have been produced by the assessee before the Assessing Officer, obviously the ld. CIT(A) would have to consider applicability of provisions of rule 46A. T
The order continues below.
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