Sri Achyuta Kumar Dhal, Balasore V. ITO Ward-2, Balasore

ITA 131/CTK/2023

AI Insights

This case involves an appeal by Shri Achyuta Kumar Dhal against the order of the ld CIT(A), NFAC, Delhi, which confirmed the addition of Rs.30,96,000 to the assessee's income for the assessment year 2014-15. The appeal also contested another disallowance of Rs.1,32,926 on account of interest paid on various hand loans. The primary contention was the non-production of adequate evidence before the Assessing Officer and the CIT(A). The Tribunal noted the absence of representation and evidence at both the initial and appellate stages but decided to remand the matter back to the Assessing Officer in the interest of justice, allowing the assessee another opportunity to present his case.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 300456 (ITAT-CUTTACK)
• Duration Of Justice: 6 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-10-2023
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: SMC
• Next Hearing Date: 17-10-2023
• Assessment Year: 2014-2015
• Appeal Filed On: 16-04-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Opportunity of being heard; Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, BEFORE Shri Achyuta V.N. Marg, Old LIC Colony, At: Srikanthpur, PO: Gopalgaon, Dist: Balasore PAN/GIR No. (Appellant This is an appeal filed by the assessee against the order of the ld CIT(A), NFAC, Delhi 23/104961460(1) 2. Shri P.K.Mishra, ld AR appeared for the assessee and Shri Charan Dass, ld Sr DR appeared for the revenue. 3. It was submitted by ld AR that the only issue in this appeal was against the addition of Rs. IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK ‘SMC’ BENCH, CUTTACK BEFORE SHRI GEORGE MATHAN, JUDICIAL ITA No.131/CTK/2023 Assessment Year : 2014-15 Shri Achyuta Kumar Dhal, V.N. Marg, Old LIC Colony, At: Srikanthpur, PO: Gopalgaon, Dist: Balasore Vs. Income Tax Officer, ward Balasore. PAN/GIR No.AIOPD 2378 N (Appellant) .. ( Respondent Assessee by : Shri P.K.Mishra, Adv Revenue by : Shri Charan Dass, Date of Hearing : 18/10 Date of Pronouncement : 18/10 O R D E R This is an appeal filed by the assessee against the order of the ld A), NFAC, Delhi dated 10..2023 in Appeal No.ITBA/NFAC/S/250/2022 23/104961460(1) for the assessment year 2014-15. Shri P.K.Mishra, ld AR appeared for the assessee and Shri Charan Dass, ld Sr DR appeared for the revenue. It was submitted by ld AR that the only issue in this appeal was against the addition of Rs.30,96,000/- confirmed by the ld CIT(A). Page1 | 3 IN THE INCOME TAX APPELLATE TRIBUNAL, , CUTTACK JUDICIAL MEMBER Income Tax Officer, ward-2, Respondent) P.K.Mishra, Adv : Shri Charan Dass, Sr DR 10/2023 /10/2023 This is an appeal filed by the assessee against the order of the ld ITBA/NFAC/S/250/2022- Shri P.K.Mishra, ld AR appeared for the assessee and Shri Charan It was submitted by ld AR that the only issue in this appeal was rmed by the ld CIT(A). ITA No.131/CTK/2023 Assessment Year : 2014-15 Page2 | 3 4. In respect of purchased of land by the assessee, it was the submission that the assessee is trading in fish feeds. The assessee had sold immovable property to Shri Kamala Kanta Barik at Kuradhia, Haladipada, Balasore. As the said person had been unable to make the payment, he had sold the land owned by him for the said consideration to the assessee. It was the submission that admittedly before the AO, adequate evidences seems have not been produced and there has been non-representation before the ld CIT(A). it was also the submission that there was other disallowance of Rs.1,32,926/- on account of interest paid on various hand loans. In respect of the same also, it was submitted that adequate evidences were not produced before the AO. It was the submission that the assessee may be granted one more opportunity to produce all such evidences before the Assessing Officer. It was the submission that the assessee would cooperate in the set aside proceedings. 5. In reply, ld Sr DR vehemently opposed to set aside the issue to the file of the Assessing Officer. It was the submission that the assessee had been granted adequate opportunity and the assessee, having failed to produce the evidences, should not be given another opportunity. 6. I have considered the rival submissions. A perusal of the assessment order clearly shows that the Assessing Officer mentions that the assessee has not produced any evidences in respect of both the additions. A perusal of the order of the ld CIT(A) clearly shows that the assessee has not ITA No.131/CTK/2023 Assessment Year : 2014-15 Page3 | 3 represented before the ld CIT(A). However, in the interest of justice, as the ld AR has also submitted that the assessee will cooperate in the set aside proceedings, the issues in this appeal are restored to the file of the AO for re-adjudication after granting adequate opportunity of being heard to the assessee. 7. In the result, appeal of the assessee stands partly allowed for statistical purposes. Order dictated and pronounced in the open court on 18/10/2023. Sd/- (George Mathan) JUDICIAL MEMBER Cuttack; Dated 18/10/2023 B.K.Parida, SPS (OS) Copy of the Order forwarded to : By order Sr.Pvt.secretary ITAT, Cuttack 1. The Appellant : Shri Achyuta Kumar Dhal, V.N. Marg, Old LIC Colony, At: Srikanthpur, PO: Gopalgaon, Dist: Balasore 2. The Respondent: Income Tax Officer, ward- 2, Balasore 3. The CIT(A)-NFAC, Delhi 4. Pr.CIT, Cuttack 5. DR, ITAT, Cuttack 6. Guard file. //True Copy//