Facts
The assessee filed an appeal against the order of the CIT(A) for AY 2020-21. The assessee's representative submitted that the Assessing Officer and CIT(A) dismissed the appeal without providing sufficient opportunity and that the assessee failed to produce sufficient evidence before them. The prayer was to restore the matter to the AO for fresh adjudication.
Held
The Tribunal noted that the assessee could not substantiate its claim with relevant documents before the lower authorities, leading to the dismissal of the appeal. In the interest of justice, the issues were restored to the file of the Jurisdictional AO for fresh adjudication, providing the assessee with an adequate opportunity to be heard and present evidence.
Key Issues
Whether the assessee was denied a sufficient opportunity to present evidence before the Assessing Officer and CIT(A), and if the matter should be restored for fresh adjudication.
Sections Cited
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Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK
Before: SHRI GEORGE MATHAN & SHRI MADHUSUDAN SAWDIA
Assessee represented by Shri P.K. Mishra, A.R. Department represented by Shri Vijay Singh Kiroriwal, Sr. DR Date of hearing 18/02/2026 Date of pronouncement 18/02/2026 O R D E R PER: BENCH 1. This is an appeal filed by the assessee against the order of the ld. CIT(A), NFAC, Delhi in Appeal No. NFAC/2019-20/10528597 dated 10/12/2025 for the A.Y. 2020-21.
Shri P.K. Mishra, ld. A.R. appeared on behalf of the assessee and Shri Vijay Singh Kiroriwal, ld. Sr. DR represented on behalf of the revenue.
It was submitted by the ld. AR that the Assessing Officer and the ld. CIT(A) have dismissed the appeal of the assessee without providing sufficient opportunity of hearing to the assessee. It was a submission that the assessee has not produced sufficient evidence before the Assessing Officer and before the ld. CIT(A). It was the prayer that the matter may be restored to the file of the Jurisdictional AO to decide the issue involved in the appeal afresh so that the assessee could be able to produce all the evidences to substantiate its claim.
Ritanjali Swain Vs ITO 4. In reply, ld Sr.DR vehemently supported the orders of the Assessing Officer and ld. CIT(A). It was the submission that if the issue is to be restored to the file of ld.AO, then a cost should be imposed.
We have considered the rival submissions. As it is noticed from the orders of the authorities below that the assessee could not substantiate its claim by providing relevant documents. Even the assessee was also failed to produce the evidences as required by the ld. CIT(A) and in absence of the same, the ld. CIT(A) has dismissed the appeal of the assessee. It was submitted by the ld. AR that he will provide all the details and evidences before the Assessing Officer, this being so, in the interest of justice, we restore the issues in the appeal to the file of ld. Jurisdictional AO for adjudicating afresh after providing the assessee adequate opportunity of being heard to substantiate its case. The assessee is also directed to cooperate with the Assessing Officer by producing all the details and evidences as are required in support of the claim.
In the result, appeal of the assessee is partly allowed for statistical purposes. Order dictated and pronounced in the open court on 18/02/2026.