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Facts
The assessee filed two appeals against separate orders of the CIT(A) for AY 2014-2015 & 2016-2017. The reassessment orders were framed by the Assessing Officer u/s 147 r.w.s. 144B due to non-cooperation from the assessee during assessment proceedings. The assessee also failed to appear or provide details before the CIT(A) and the Tribunal.
Held
The Tribunal restored the issues in both appeals to the Assessing Officer for readjudication in the interest of justice. The assessee is granted liberty to raise all legal issues and must cooperate by producing details to prove the genuineness of transactions, failing which the AO may draw adverse inference.
Key Issues
Non-cooperation of the assessee during reassessment proceedings, failure to furnish details to substantiate claims, and the genuineness of transactions.
Sections Cited
Section 147, Section 144B
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Income Tax Appellate Tribunal, “RANCHIBENCH”,RANCHI
ĮċĊĭŊįēćıकीओरसे/Assessee by : None �ȡ�è��ȧj � ȯ/Revenue by : Shri Sumit Dasgupta, Sr. DR Ǖ��ȡ_�ȧ�ȡ�ȣ�/ Date of Hearing : 17/11/2025 �Ȫ��ȡ�ȧ�ȡ�ȣ�/Date of Pronouncement : 17/11/2025 आदेश/ O R D E R PerGeorge Mathan, JM: These two appeals filed by the assessee are against the separate orders of the ld. CIT(A), National Faceless Appeal Centre (NFAC), Delhi, both dated 07.01.2025 for the assessment years2014-2015 & 2016-2017.
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.