Mr. Binay Kumar Behera, Keonjhar V. ITO, Keonjhar Ward, Keonjhar, Keonjhar

ITA 226/CTK/2024

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 0942 (ITAT-CUTTACK)
• Duration Of Justice: 2 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-07-2024
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: SMC
• Next Hearing Date: 14-07-2024
• Assessment Year: 2017-2018
• Appeal Filed On: 13-05-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

sआयकर अऩीऱीय अधधकरण, “एस.एम.सी” न्यायऩीठ,कटक IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH CUTTACK श्री जाजज माथन, न्याययक सदस्य के समक्ष । BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER आयकर अऩीऱ सं/ITA No.226/C TK/2024 (ननधाारण वषा / Asses s m ent Year :2017-2 018) Mr. Binay Kumar Behera, At-Siluan, Ghuturu, Keonjhargarh Keonjhar-758001 Vs ITO, Ward-Keonjhar, Keonjhar PAN No. :APFPB 4453 E (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) ननधााररती की ओर से /Assessee by : None राजस्व की ओर से /Revenue by : Shri S.C.Mohanty, Sr. DR स ु नवाई की तारीख / Date of Hearing : 15/07/2024 घोषणा की तारीख/Date of Pronouncement : 15/07/2024 आदेश / O R D E R This is an appeal filed by the assessee against the order of the ld Addl./JCIT(A)-2, Office of the Commissioner of Income Tax, Surat dated 19.03.2024 in DIN & Order No.ITBA/APL/S/250/2023-24/1062919480(1) for the assessment year 2017-2018. 2. None appeared on behalf of the assessee. Shri S.C.Mohanty, Sr. DR appeared on behalf of the revenue. 3. On perusal of the assessment order, we found that the assessee is a society which has been granted registration u/s.12AA of the Act. It was the submission that the assessee filed its return on 19.09.2018 disclosing total income at Rs.2,47,030/-. Subsequently the case of the assessee selected for limited scrutiny through CASS on reason that “high value cash deposit reported during the year”. A perusal of the para 2 assessment order, shows that the AO, on verification of the bank account ITA No.226/CTK/2024 2 of the assessee, found that the assessee deposited cash in the account but debited the amount through cheque to his vendor and there was no cash withdrawal during the year. It was also noted by the AO that the assessee did not file any books of account to substantiate its claim. Since, there was no compliance made by the assessee upto the completion of assessment, therefore, the AO completed the assessment estimating the net profit of the assessee @8% and added the same to the total income of the assessee treating the same as undisclosed income. Further on perusal of the order of the ld. CIT(A), clearly shows that notices were issued to the assessee by the ld. CIT(A), however, no compliance has been made by the assessee during the appellate proceedings. As no compliance has been made before either of the authorities below, therefore, in the interest of justice, the issues in this appeal are restored to the file of the ld. AO for readjudication after granting the assessee adequate opportunities to substantiate its claim. The assessee is directed to cooperate in the readjudication proceedings before the AO, positively. 4. In the result, appeal of the assessee is partly allowed for statistical purposes.. Order dictated and pronounced in the open court on 15/07/2024. Sd/- (जाजज माथन) (GEORGE MATHAN) न्यानयक सदस्य / JUDICIAL MEMBER कटक Cuttack; ददनाांक Dated 15/07/2024 Prakash Kumar Mishra, Sr.P.S. ITA No.226/CTK/2024 3 आदेश की प्रनतलऱपऩ अग्रेपषत/Cop.y of the Order forwarded to : आदेशान ु सार/ BY ORDER, (Assistant Registrar) आयकर अऩीऱीय अधधकरण, कटक/ITAT, Cuttack 1. अऩीऱाथी / The Appellant- Mr. Binay Kumar Behera, At-Siluan, Ghuturu, Keonjhargarh Keonjhar-758001 2. प्रत्यथी / The Respondent- ITO, Ward-Keonjhar, Keonjhar 3. आयकर आय ु क्त(अऩीऱ) / The CIT(A), 4. आयकर आय ु क्त / CIT 5. ववभागीय प्रयतयनधध, आयकर अऩीऱीय अधधकरण, कटक / DR, ITAT, Cuttack 6. गार्ज पाईऱ / Guard file. सत्यावऩत प्रयत //True Copy//