Peer Kumar Singh, Angul V. ITO, Angul Ward, Angul

ITA 2/CTK/2022

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 8531 (ITAT-CUTTACK)
• Duration Of Justice: 6 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-07-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 04-01-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Opportunity of being heard

Judgement Text

आयकर अपीऱीय अधिकरण, कटक न्यायपीठ,कटक IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH CUTTACK श्री जाजज माथन, न्याययक सदस्य एवं श्री अरुण खोड़पऩया ऱेखा सदस्य के समक्ष । BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI ARUN KHODPIA, ACCOUNTANT MEMBER ITA No.02/CTK/2022 (नििाारण वषा / Asses s m ent Year :2008-2009) Sri Peer Kumar Singh, Bhimakanda, T alcher, Angul-759117 P AN No.AL I PS 006 7 J ................. As sess ee Versus ITO, Angul W ard, Angul ..................Re venue Shri Somnath Sahoo, Advocate for the assessee Shri S.C.Mohanty. Sr.DR for the Revenue Date of Hearing : 11/07/2022 Date of Pronouncement : 11/07/2022 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 27.02.2021 in DIN & Order No.ITBA/NFAC/S/250/2020-21/1031072878(1) for the assessment year 2008-2009. 2. It was submitted by the ld. AR of the assessee that the ld. CIT(A) has dismissed the appeal of the assessee holding that no details were furnished either before the CIT(A) or before the AO. It was the submission that the issue may be restored to the file of AO. It was the submission that the assessee was unable to cooperate on account of various health problems as well as Covid issues. ITA No.02/CTK/2022 2 3. In reply, ld. Sr. DR vehemently opposed to the contention of the ld.AR and submitted that substantial opportunities have been granted to the assessee and he has not cooperated. It was the submission that the order of the ld. CIT(A) is liable to be upheld. 4. We have considered rival submissions. 5. Admittedly, the period of Covid caused a lot of problem to the assessees. There has been no cooperation on the part of the assessee before the AO as well as before the CIT(A) on account of Covid issues and health issues. This being so, in the interest of natural justice, the issues in this appeal are restored to the file of AO for readjudication after granting opportunity of being heard to the assessee. The assessee is also directed to furnish the details and cooperate with the AO for early disposal of the case. Thus, the appeal of the assessee is allowed for statistical purposes. 6. In the result, appeal of the assessee is allowed for statistical purposes. Order dictated and pronounced in the open court on 11/07/2022. Sd/- (अरुण खोड़पऩया) (ARUN KHODPIA) Sd/- (जाजज माथन) (GEORGE MATHAN) ऱेखा सदस्य/ ACCOUNTANT MEMBER न्यानयक सदस्य / JUDICIAL MEMBER कटक Cuttack; ददनाांक Dated 11/07/2022 Prakash Kumar Mishra, Sr.P.S. ITA No.02/CTK/2022 3 आदेश की प्रनिलऱपप अग्रेपषि/Copy of the Order forwarded to : आदेशाि ु सार/ BY ORDER, (Assistant Registrar) आयकर अपीऱीय अधिकरण, कटक/ITAT, Cuttack 1. अऩीऱाथी / The Appellant- Sri Peer Kumar Singh, Bhimakanda, T alcher, Angul-759117 2. प्रत्यथी / The Respondent- ITO, Angul W ard, Angul 3. आयकर आय ु क्त(अऩीऱ) / The CIT(A), 4. आयकर आय ु क्त / CIT 5. पिभागीय प्रयतयनधध, आयकर अऩीऱीय अधधकरण, कटक / DR, ITAT, Cuttack 6. गार्ज पाईऱ / Guard file. सत्यापऩत प्रयत //True Copy//