Utkal Atomative Pvt. Ltd, Rourkela V. ITO Ward-1, Rourkela

ITA 217/CTK/2023

AI Insights

This case involves an appeal by Utkal Automotive Pvt Ltd. against the order of the CIT(A), NFAC, Delhi, concerning the assessment year 2013-14. The primary issue arose from the Assessing Officer's disallowance of interest expenses due to the assessee's failure to provide complete details when requested. Initially, the assessee did not respond adequately to the Assessing Officer's requests, leading to a disallowance of the claimed expenses. On appeal, the CIT(A) also found the assessee non-cooperative, as they failed to respond to multiple opportunities provided for submission. The Tribunal, considering the circumstances, decided to restore the matter to the Assessing Officer to ensure a fair re-assessment, emphasizing the need for the assessee's cooperation in the proceedings.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 300472 (ITAT-CUTTACK)
• Duration Of Justice: 3 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-09-2023
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: SMC
• Next Hearing Date: 19-09-2023
• Assessment Year: 2013-2014
• Appeal Filed On: 05-06-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, BEFORE Utkal Automotive Pvt F-9, Civil Township, Rourkela-769004. PAN/GIR No. (Appellant This is an appeal filed by the assessee against the order of the ld CIT(A), NFAC, Delhi, 24/1052313077(1) 2. Shri Sidhartha Ray, S.C.Mohanty, ld Sr DR appeared for the revenue. 3. It was submitted by ld Sr. counsel for the assessee that the Assessing Officer had asked for certain details regarding interest expens The assessee had unfortunately not provided all the details. It was the IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK ‘SMC’ BENCH, CUTTACK BEFORE SHRI GEORGE MATHAN, JUDICIAL ITA No.217/CTK/2023 Assessment Year : 2013-14 Utkal Automotive Pvt Ltd., 9, Civil Township, 769004. Vs. Income Tax Officer, Ward Rourkela PAN/GIR No.AAACU 6230 B (Appellant) .. ( Respondent Assessee by : Shri Sidhartha Ray, Sr. Adv Revenue by : Shri S.C.Mohanty Date of Hearing : 20/09 Date of Pronouncement : 20/0 O R D E R This is an appeal filed by the assessee against the order of the ld , NFAC, Delhi, dated 25.4.2023 in Appeal No.ITBA/NFAC/S/250/2023 24/1052313077(1) for the assessment year 2013-14. Shri Sidhartha Ray, ld Sr. Counsel appeared for the assessee and Shri S.C.Mohanty, ld Sr DR appeared for the revenue. It was submitted by ld Sr. counsel for the assessee that the Assessing Officer had asked for certain details regarding interest expens The assessee had unfortunately not provided all the details. It was the Page1 | 3 IN THE INCOME TAX APPELLATE TRIBUNAL, , CUTTACK JUDICIAL MEMBER Income Tax Officer, Ward-1, Respondent) Sidhartha Ray, Sr. Adv : Shri S.C.Mohanty, Sr DR 9/2023 /09/2023 This is an appeal filed by the assessee against the order of the ld ITBA/NFAC/S/250/2023- . Counsel appeared for the assessee and Shri It was submitted by ld Sr. counsel for the assessee that the Assessing Officer had asked for certain details regarding interest expenses. The assessee had unfortunately not provided all the details. It was the ITA No.217/CTK/2023 Assessment Year : 2013-14 Page2 | 3 submission that consequently, the Assessing Officer had made the disallowance of interest expenses and on appeal before the ld CIT(A), the assessee had unfortunately not represented his matter, as the assessee was unaware of the notices. It was the prayer that the issues in the appeal may be restored to the file of the Assessing Officer for re-adjudication and the assessee shall cooperate in the assessment proceedings and provide all the details. 4. In reply, ld Sr DR vehemently submitted that the assessee has been non-cooperative and if at all to decide to restore the matter, the issues may be restored to the file of the ld CIT(A). It was the submission that in fact on account of the non-cooperation, the appeal of the assessee is liable to be dismissed. 5. I have considered the rival submissions. A perusal of the page 2 of the assessment order shows that the assessee has only provided some of the copies of the expenses and no details of the stock dispute have been provided. A perusal of the order of the ld CIT(A) shows that the ld CIT(A) has granted five opportunities but again no submissions have been made before the ld CIT(A). This being so, in the interest of justice, the issues in the appeal are restored to the file of the Assessing Officer for re- adjudication after granting the assessee adequate opportunity of being heard. The assessee is directed to cooperate in the assessment proceedings. ITA No.217/CTK/2023 Assessment Year : 2013-14 Page3 | 3 6. In the result, appeal of the assessee stands partly allowed for statistical purposes. Order dictated and pronounced in the open court on 20/09/2023. Sd/- (George Mathan) JUDICIAL MEMBER Cuttack; Dated 20/09/2023 B.K.Parida, SPS (OS) Copy of the Order forwarded to : By order Sr.Pvt.secretary ITAT, Cuttack 1. The Appellant : Utkal Automotive Pvt Ltd., F-9, Civil Township, Rourkela-769004 2. The Respondent: Income Tax Officer, Ward- 1, Rourkela 3. The CIT(A)-NFAC, Delhi. 4. Pr.CIT, Sambalpur 5. DR, ITAT, Cuttack 6. Guard file. //True Copy//