M/S MUNNA CONSTRUCTION,JAMSHEDPUR vs. DCIT, CIRCLE-1, JAMSHEDPUR

None represented on behalf of the assessee. Shri Sumit Dasgupta, Sr. DR appeared on behalf of the revenue.

A perusal of the assessment order shows that the due to non- cooperation on the part of the assessee during the course of assessment proceedings, the Assessing Officer framed the reassessment u/s.147 r.w.s.144B of the Act. Even before the ld. CIT(A), though the ld.CIT(A) has issued notices on various dates as mentioned in page 4 of the order, however, the assessee could not furnish the detail to substantiate its claim. Also before the Tribunal, none appeared on behalf of the assessee. This being so, in the interest of justice, the issues in these appeals are restored to the file of ld.AO for readjudication. Liberty is granted to the assessee to challenge all legal issues that it so desires to raise before the Assessing Officer. The assessee shall be deemed to have completed all its legal issues raised before the Assessing Officer, once the reassessment order is passed by the Assessing Officer other than such legal issues which may come up after the assessment order is passed on account of judicial decisions. The assessee shall also produce the details to prove the genuineness of the transactions before the Assessing Officer. With these directions, the issues in boththe appeals are restored to the file of ld. Assessing Officer for readjudication after granting the assessee adequate opportunity of being heard. Should the assessee not cooperate or provide details in the reassessment proceedings, liberty is granted to Assessing Officer to draw adverse inference.

In the result, boththe appeals of the assessee are partly allowed for statistical purposes. Order dictated and pronounced in the open court on 17/11/2025.