ADITRI JWELLERS,CUTTACK vs. ITO, WARD 1(1), CUTTACK, CUTTACK

A perusal of the facts in the present appeal shows that the orders of the Assessing Officer and the ld. CIT(A) are ex parte orders. It is also noticed that the assessee failed to file details properly before the Assessing Officer. This being so, in the interest of justice, the issues in the appeal are restored to the file of the Assessing Officer for re-adjudication after granting adequate opportunity of being heard to the assessee. The assessee is also 2 directed to submit all the relevant details before the Assessing Officer in the set aside proceedings. However, looking to the non-cooperation of the assessee during the assessment proceedings and during the course of appellate proceedings even after issuance of notices to the assessee by the lower authorities, we impose a cost of Rs.10,000/- (Rupees ten Thousand only) on the assessee to be payable to the Income Tax Appellate Tribunal Bar Association, Odisha, Cuttack within sixty days from the date of this order and receipt of the same would be produced before the Assessing Officer at the first hearing. Should the assessee not pay the above- mentioned costs within the prescribed period of sixty days from the date of this order, the order of the ld. CIT(A) shall stand confirmed.

In the result, the appeal of the assessee is partly allowed for statistical purposes.

Cuttack