Facts
The assessee's authorized representative argued that the Assessing Officer (AO) granted only two days to provide details after issuing a notice under Section 142(1) of the Act. The assessee could not provide all the requested details within the stipulated time but submitted them before the CIT(A).
Held
The Tribunal noted that the assessee was not provided adequate time by the AO to furnish the information. Therefore, in the interest of justice, the appeal was restored to the AO for readjudication.
Key Issues
Whether the assessee was provided with adequate opportunity by the AO to furnish the required details.
Sections Cited
142(1)
AI-generated summary — verify with the full judgment below
Shri A.K.Rastogi, ld AR appeared for the assessee and Shri Rajat Datta, ld CIT DR appeared for the revenue.
It was submitted by ld AR that the Assessing Officer had granted the assessee only two days’ time to provide the details. It was the submission that notice u/s.142(1) of the Act was issued to the assessee on 3.2.2019 asking to furnish the details on or before 5.12.2019 at 12.46 PM. It was the submission that the details called for ran into 2 to 3 pages and admittedly, the assessee was unable to provide all the details. It was the submission that all the details were provided before the ld CIT(A), who did not consider the details and dismissed the appeal of the assessee. It was the prayer that the issue be restored to the file of the AO for readjudication.
In reply, ld CIT DR supported the orders of the ld CIT (A).
We have considered the rival submissions. As it is noticed that the assessee has not been provided adequate time to provide the information sought for by the AO in the notice u/s.142(1) of the Act, therefore, in the interest of justice, the issues in this ppeals are restored to the file of the AO for readjudication after providing the assessee adequate opportunity of being heard to the assessee. The AO shall give adequate opportunity to the assessee and the assessee is also directed to submit all the evidences to substantiate its claim before the AO.
P a g e 2 | 3