MGM Minerals Limited, Bhubaneswar V. DCIT, CIRCLE-2(1), Bhubaneswar

ITA 254/CTK/2024

• Counselvise Citation: [2024] 130 COUNSELVISE.COM (IT) 2255 (ITAT-CUTTACK)
• Duration Of Justice: 3 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-09-2024
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: DB
• Next Hearing Date: 04-09-2024
• Assessment Year: 2009-2010
• Appeal Filed On: 30-05-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANJAY KUMAR
• Assessee Lawyers: S B.K.MAHAPATRAA.K.SABAT
• Keywords: Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, BEFORE MANISH AGARWAL MGM Minerals Limited., 65, Forest Park, Bhubaneswar PAN/GIR No. (Appellant Per Bench This is an appeal filed by the assessee against the order of the ld CIT(A), NFAC, Delhi dated 1/10090/2016 2. S/Shri B.K.Mahapatra/A.K.Sabat, and Shri Sanjay Kumar, ld CIT 3. The appeal is time barred by condonation petition supported by affidavit for condoning the delay. In the petition, it is stated that IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE SHRI GEORGE MATHAN, JUDICIAL AND MANISH AGARWAL, ACCOUNTANT MEMBER ITA No.254/CTK/2024 Assessment Year : 2009-10 MGM Minerals Limited., 65, Forest Park, Bhubaneswar Vs. DCIT, Circle Bhubaneswar No.AADCM 2818 E (Appellant) .. ( Respondent Assessee by : S/Shri B.K.Mahapatra/A.K.Sabat, Revenue by : Shri Sanjay Kumar, CIT Date of Hearing : 5/9/ Date of Pronouncement : 5/9 O R D E R This is an appeal filed by the assessee against the order of the ld CIT(A), NFAC, Delhi dated 14.6.2023 in Appeal No.CIT(A), /2016-17 for the assessment year 2009-10. S/Shri B.K.Mahapatra/A.K.Sabat, ld ARs appeared for Sanjay Kumar, ld CIT DR appeared for the revenue. The appeal is time barred by 292 days. The assessee condonation petition supported by affidavit for condoning the delay. In the petition, it is stated that the statutory auditors, while auditing the accounts Page1 | 3 IN THE INCOME TAX APPELLATE TRIBUNAL, JUDICIAL MEMBER , ACCOUNTANT MEMBER DCIT, Circle-2(1), Bhubaneswar Respondent) /A.K.Sabat, CAs Sanjay Kumar, CIT DR /2024 /9/2024 This is an appeal filed by the assessee against the order of the ld CIT(A), Bhubaneswar- appeared for the assessee DR appeared for the revenue. 292 days. The assessee has filed condonation petition supported by affidavit for condoning the delay. In the the statutory auditors, while auditing the accounts ITA No.276/CTK/2024 Assessment Year : 2008-09 Page2 | 3 for the accounting year 2023-24 during the month of May, 2024 and while reviewing the status of tax demand, appeals, tax assessments, etc from the Income tax Portal, pointed out that an order u/s.250 of the I.T.Act dated 14.6.2023 has been passed, wherein, the appeal of the assessee has been dismissed. It was in this backdrop that the asssessee consulted the tax consultant for filing the appeal, for which, there was delay of 292 days. It was requested to condone the delay. The reasons stated in the condonation petition have not been found to be false. Therefore, we condone the delay of 292 days and admit the appeal for adjudication. 4. It was submitted by ld AR that the ld CIT(A) has passed order exparte without affording reasonable opportunity of hearing to the assessee. Ld AR also submitted that assessment has been completed u/s.143(3)/147 and the issue of notice including in view of the reasons recorded for reopening is erroneous and illegal and, therefore, assessment order should be quashed apart from merits of the case. 5. However, ld AR submits that since the ld CIT(A) has passed an exparte order the matter may be restored to the file of the ld CIT(A) and the assessee be allowed adequate opportunity to present its case before the ld CIT(A) with documentary evidences. Therefore, in the interest of justice, we set aside the order of the ld CIT(A) and remit the matter back to the file of ld CIT(A) and readjudicate the issue after affording reasonable opportunities of hearing to the assessee, subject to cost of Rs.25,000/- ITA No.276/CTK/2024 Assessment Year : 2008-09 Page3 | 3 (Rupees twenty five thousand only) to be deposited within 60 days from the date of this order under the head “others” in ITNS challan 280 in the Account No.500 and same is to be filed before the ld CIT(A) when the appeal is posted for hearing. In the event the cost is not paid, the order passed by the ld CIT(A) and that of the AO would stand confirmed. 6. In the result, appeal of the assessee stands partly allowed for statistical purposes. Order dictated and pronounced in the open court on 5/9/2024. Sd/- sd/- (Manish Agarwal) (George Mathan) ACCOUNTANT MEMBER JUDICIAL MEMBER Cuttack; Dated 5/9/2024 B.K.Parida, SPS (OS) Copy of the Order forwarded to : By order Sr.Pvt.Secretary ITAT, Cuttack 1. The Appellant : MGM Minerals Limited., 65, Forest Park, Bhubaneswar 2. The Respondent: DCIT, Circle-2(1), Bhubaneswar 3. The CIT(A)- NFAC, Delhi 4. Pr.CIT, Bhubaneswar 5. DR, ITAT, 6. Guard file. //True Copy//