Facts
The assessee, Rishiraj Transport Co.,, filed an appeal against the order of the CIT(A) for AY 2015-16. The CIT(A) had dismissed the appeal due to non-production of evidence and details by the assessee.
Held
The Tribunal noted that the CIT(A) had granted ample opportunities but the assessee failed to provide the required evidence. However, considering the assessee's plea for one more opportunity, the Tribunal restored the issues to the file of CIT(A) for fresh adjudication.
Key Issues
Whether the CIT(A) was justified in dismissing the appeal on grounds of non-production of evidence, and if a fresh opportunity should be granted to the assessee.
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL,
O R D E R Per Bench
This This This is is is an an an appeal appeal appeal filed filed filed by by by the the the assessee assessee assessee against against against the the the order order order of of of ld ld ld Addl/JCIT(A)-1, 1, 1, Gurugram Gurugram Gurugram dated dated dated 13.2.2024 13.2.2024 13.2.2024 in in in Appeal Appeal Appeal No.CIT(A),Ranchi/10241/2017 /10241/2017-18 for the assessment year 2015 18 for the assessment year 2015-16.
Shri Khubchand T Pandtya, ld Sr DR hri Khubchand T Pandtya, ld Sr DR appeared for the revenue and Shri appeared for the revenue and Shri Jagdish Khandelwal, Jagdish Khandelwal,ld AR appeared for the assessee.
P a g e 1 | 3 Assessment Year: 2015-16
We have considered the rival submissions. A perusal of the order of ld CIT(A) clearly shows that the ld CIT(A) has dismissed the appeal of the assessee on the ground of non-production and also for want of details/evidences in support of the claim raised by the assessee. It is also seen that the ld CIT(A) has given ample opportunities as is evident from the page 2 of the impugned order but the assessee failed to furnish any evidences in support of the claim. Therefore, the ld CIT(A) has no option but to confirm the assessment order. Before us, it was prayed that if one more opportunity is given, the assessee would be in a position to comply with all the notices by furnishing all the required documents in support of the claim. Therefore, in the interest of justice, the issues in this appeal are restored to the file of the ld CIT(A) for fresh adjudication after allowing reasonable opportunity of hearing to the assessee. We also direct assessee to make proper submissions and appear before the ld.CIT (A) on the date of hearing and cooperate with the tax authorities.
In the result, appeal of the assesseestand partly allowed for statistical purposes.
Order dictated and pronounced in the open court on 10/06/2025.