MAAN PROMOTERS PVT. LTD,,RANCHI vs. ACIT, C.C.2, RANCHI
Facts
Maan Promoters Private Limited appealed the CIT(A) order for AY 2021-2022 concerning an issue related to sundry creditors. The assessee had failed to produce necessary documents before the lower authorities to substantiate its claim regarding these creditors and requested a fresh opportunity.
Held
The Income Tax Appellate Tribunal (ITAT) restored the issue of sundry creditors to the Assessing Officer (AO) for fresh adjudication. The assessee is to be given an adequate opportunity to be heard and produce all relevant documents, and is directed to cooperate with the AO in the readjudication proceedings.
Key Issues
Whether the assessee should be granted a fresh opportunity to provide documentation to substantiate sundry creditors, given their prior failure to do so before lower authorities.
Sections Cited
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Income Tax Appellate Tribunal, RANCHI BENCH, RANCHI
Before: SHRI GEORGE MATHAN, JM & SHRI RATNESH NANDAN SAHAY, AM
आयकर अपीलीय अधिकरण, र ाँची न्य यपीठ, र ाँची IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI BENCH, RANCHI BEFORE SHRI GEORGE MATHAN, JM & SHRI RATNESH NANDAN SAHAY, AM आयकर अपील सं./ITA No.232/RAN/2025 (निि ारण वर्ा / Assessment Year :2021-2022) Maan Promoters Private Limited Vs. ACIT, Central Circle-2, Ranchi 357/A, Professor Colony, Karam Toli, Ranchi Jharkhand-834008 स्थायी लेखा सं./PAN No. : AAGCM 0643 Q (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्ाारिती की ओर से /Assessee by : Shri Devesh Poddar, Advocate राजस्व की ओर से /Revenue by : Shri Khubchand T. Pandya, Sr.DR सुनवाई की तारीख / Date of Hearing : 10/10/2025 घोषणा की तारीख/Date of Pronouncement : 10/10/2025 आदेश / O R D E R Per Bench : This is an appeal filed by the assessee against the order passed by the ld.CIT(A), National Faceless Appeal Centre (NFAC), Delhi, dated 31.03.2025 for the assessment year 2021-2022. 2. Shri Devesh Poddar, ld. AR appeared on behalf of the assessee. Shri Khubchand T. Pandya, Sr.DR appeared on behalf of the revenue. 3. It was submitted by the ld AR that the issue involved in this appeal is with regard to sundry creditors. It was the submission that the assessee could not able to produce the documents before the authorities below. It was, thus, prayer that the issues may be restored to the file of ld. AO to decide the issue afresh so that the assessee could be able to provide all the relevant documents to substantiate his claim and shall cooperate in the set aside proceedings.
2 ITA No.232/Ran/25 4. In reply, ld CIT-DR submitted that proper opportunities were allowed and the assessee could not produce the documents as required by both the authorities below. It was submitted that the orders passed by both the authorities below deserve to be upheld. 5. We have considered the rival submissions. A perusal of the facts of the present case and the orders of the lower authorities clearly shows hat the assessee had not produced the confirmation in regard to the creditors before the AO and ld. CIT(A). This being so, in the interest of justice, the issues in this appeal are restored to the file of the ld. AO for readjudication afresh after granting the assessee adequate opportunity of being heard. The assessee is also directed to cooperate with the ld. AO in the readjudication proceedings, positively. 6. In the result, appeal of the assessee is partly allowed for statistical purposes. Order dictated and pronounced in the open court on 10/10/2025.
Sd/- Sd/- (RATNESH NANDAN SAHAY) (GEORGE MATHAN) लेख सदस्य / ACCOUNTANT MEMBER न्य नयक सदस्य / JUDICIAL MEMBER र ाँची Ranchi; दिनांक Dated 10/10/2025 Prakash Kumar Mishra, Sr.P.S. आदेश की प्रनिललपप अग्रेपर्ि/Copy of the Order forwarded to : 1. अपीलार्थी / The Appellant- . 2. प्रत्यर्थी / The Respondent- 3. आयकि आयुक्त(अपील) / The CIT(A), 4. आयकर आयुक्त / CIT निभागीय प्रनतनिनर्, आयकि अपीलीय अनर्किण, र ाँची / DR, ITAT, Ranchi 5. आदेश िुस र/ BY ORDER, गार्ड फाईल / Guard file. 6. सत्यापपत प्रतत //True Copy// (Senior Private Secretary) आयकर अपीलीय अधिकरण, र ाँची / ITAT, Ranchi
