NODHABASANTA SERVICE COOPERATIVE SOCIETY LIMITED,RAJNAGAR vs. ITO, WARD-KENDRAPADA, KENDRAPADA
Facts
During the assessment proceedings, the AO requested certain details from the assessee, but the assessee failed to provide documentary evidence. The assessee's appeal was dismissed by the CIT(A) without considering the submitted statement of facts.
Held
The Tribunal acknowledged the assessee's failure to furnish details and evidence before the AO and CIT(A). In the interest of justice, the appeal issues were restored to the AO for readjudication, granting the assessee an opportunity to be heard.
Key Issues
Whether the assessee was provided adequate opportunity to present evidence and whether the appeal should be restored to the AO for readjudication.
Sections Cited
IT Act
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK
Before: SHRI GEORGE MATHAN & SHRI RAJESH KUMAR
आदेश / O R D E R Per Bench : This is an appeal filed by the assessee against the order of the Ld. CIT(A),National Faceless Appeal Center (NFAC), Delhi dated 09/06/2025 passed in Appeal No. NFAC/2018-19/10397842 for the assessment year 2019-2020. 2. It was the submission that the during the course of assessment proceedings, the AO asked the assessee certain details regarding its claim, however, the assessee could not submit the documentary evidence before the AO. Ld. AR submitted that the assessee before the ld. CIT(A) has filed statement of facts along with grounds of appeal but the ld. CIT(A) without considering the same dismissed the appeal of the assessee.
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Therefore, the ld. AR prayed that one more opportunity may be provided to the assessee to represent its case and substantiate its claim before the AO. 3. In reply, ld. Sr. DR vehemently supported the orders of the ld. CIT(A) and the ld. AO. It was the submission that restoring the matter to the file of AO would be, in fact, giving the assessee a second round which should not be granted. 4. We have considered the rival submissions. A perusal of the assessment order clearly shows that the assessee could not furnish the details as asked for by the AO during the course of assessment proceedings. Further on perusal of the order of the ld. CIT(A), clearly shows that the assessee could not produce any evidences to substantiate its claim. As no compliance has been made before the ld. AO during the course of assessment proceedings, nor the assessee could submit any documentary evidences regarding his claim before the ld. CIT(A), therefore, in the interest of justice, the issues in this appeal are restored to the file of the ld. AO for readjudication after granting the assessee adequate opportunities of being heard, subject to a cost of Rs.20,000/- (Rupees Twenty Thousand only) payable by the assessee to the Income Tax Appellate Tribunal Bar Association, Secor-1, CDA, Cuttack, Odisha-7453014 within 60 days from the date of this order and production of the evidence of such payment shall be made within the specified time before the ld. AO at the time of first hearing. If the assessee does not
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make the payment within in the stipulated time or in the respect of the specified amount, the order of the Ld.CIT(A) shall stand confirmed. 5. In the result, appeal of the assessee is partly allowed for statistical purposes. Order dictated and pronounced in the open court on 26/09/2025. Sd/- Sd/- (राजेश कुमार) (जाजज माथन) (RAJESH KUMAR) (GEORGE MATHAN) लेखा सदस्य/ ACCOUNTANT MEMBER न्यधनयक सदस्य / JUDICIAL MEMBER ददनाांक Dated 26/09/2025 Prakash Kumar Mishra, Sr.P.S. आदेश की प्रनतललपप अग्रेपर्त/Copy of the Order forwarded to : 1. अपीलार्थी / The Appellant- Nodhabasanta Service Cooperative Society Limited, Nodhabasanta, Junapangara, Rajnagar, Kendrapara, 754225 2. प्रत्यर्थी / The Respondent- ITO, Ward- Kendrapada, Kendrapada आयकर आयुक्त(अपील) / The CIT(A), 3. 4. आयकर आयुक्त / CIT 5. विभागीय प्रविविवि, आयकर अपीलीय अविकरण, कटक / DR, ITAT, Cuttack आदेशधिुसधर/ BY ORDER, गार्ज फाईल / Guard file. 6. सत्यापपत प्रयत //True Copy// (Assistant Registrar) आयकर अपीलीय अधर्करण, कटक/ITAT, Cuttack
