M/S. KHANDELWAL STEEL & PIPES,BHUBANESWAR vs. DCIT, CIRCLE-4(1), BHUBANESWAR

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IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK

BEFORE S/SHRI N.S SAINI, ACCOUNTANT MEMBER AND PAVAN KUMAR GADALE, JUDICIAL MEMBER

ITA No.232/CTK/2017 Assessment Year : 2012-2013

M/s. Khandelwal Steel & Vs. DCIT, Circle 4(1), Pipes, 614, Bomikhal, Bhubaneswar. Cuttack Puri Road, Bhubaneswar. PAN/GIR No.AAGFK 7718 R (Appellant) .. ( Respondent)

Assessee by : None Revenue by : Shri D.K.Pradhan, DR

Date of Hearing : 30 /01/ 2018 Date of Pronouncement : 31 /01/ 2018

O R D E R Per Pavan Kumar Gadale, JM This is an appeal filed by the assessee against the order of the

CIT(A)- 2, Bhubaneswar dated 16.2.2017 for the assessment year 2012-

2013.

“1. For that the Learned Assessing Officer is wholly unjustified & wrong in adding a sum of Rs.4,78,213.00 on the alleged ground that no TDS has been deducted on interest paid to the unsecured loan creditors above Rs. 5,000/-, in as much as, the same is allowable under the provisions of the IT. Act when declaration From 15-G / 15-H, as the case may be, is submitted / produced before the Learned Assessing Officer or the Appellate Authority in the particular circumstances of the case.

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materials available on record. Prima facie, on perusal of the order of the

CIT(A), we find that the findings given by the CIT(A) in disposing the

appeal of the assessee are not a speaking and reasoned. The contention

of ld D.R is that the appeal be dismissed. We also find that the CIT(A) has

allowed part relief to the assessee and for further relief, the assessee has

filed appeal before the Tribunal. The non-speaking order by the CIT(A) is

vitiated due violation of the rules of natural justice. The requirement of

recording of reasons introduces clarity, checks the irrelevant

considerations and minimises arbitrariness in the decision-making

process. Considering the above facts in entirety, we feel that in the

interest of justice, this matter should go back to the file of the CIT(A) for

fresh decision by passing a speaking and reasoned order. Hence, we

restore the appeal to the file of CIT (A). While adjudicating the matter

afresh, the CIT(A) will deal with all the contentions of the assessee by

way of a speaking order in accordance with law. With these directions,

the matter is remitted to the file of the CIT(A) to pass a speaking and well

reasoned order after providing adequate opportunity of being heard to

both the parties. The assessee is directed to file all the details and

documents before the CIT(A) on which it wishes to rely upon as and

when called upon to do so.