Sai Swadhin Commercial Pvt. Ltd, Jeypore V. ACIT, Cent, Cir. -1, Bhubaneswar

ITA 36/CTK/2022

• Counselvise Citation: [2023] 100 COUNSELVISE.COM (IT) 6545 (ITAT-CUTTACK)
• Duration Of Justice: 1 year(s) 6 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-10-2023
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: DB
• Next Hearing Date: 12-10-2023
• Assessment Year: 2016-2017
• Appeal Filed On: 03-04-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Opportunity of being heard

Judgement Text

आयकर अऩीऱीय अधधकरण, कटक न्यायऩीठ,कटक IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH CUTTACK (THROUGH VIRTUAL HEARING) श्री जाजज माथन, न्याययक सदस्य एवं श्री राजेश क ु मार, ऱेखा सदस्य के समक्ष । BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER आयकर अऩीऱ सं/ITA No.36/C TK/2022 (ननधाारण वषा / Asses s m ent Year : 2016-2 017) Sai Swadhin Commercial Pvt. Ltd. At: Bhadryya Street, Jeypore, Koraput-764001 Vs ACIT, Central Circle-1, Bhubaneswar PAN No. :AATCS 6520 K (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) ननधााररती की ओर से /Assessee by : Shri Sidhartha Ray, Senior Advocate and Shri K.K.Sahoo, Advocate राजस्व की ओर से /Revenue by : Shri Charan Dass, Sr. DR स ु नवाई की तारीख / Date of Hearing : 13/10/2023 घोषणा की तारीख/Date of Pronouncement : 13/10/2023 आदेश / O R D E R Per Bench : This is an appeal filed by the assessee against the order of the ld. CIT(A)-2, Bhubaneswar, dated 12.02.2022, passed in I.T.Appeal No.0061/2019-20 for the assessment year 2016-2017. 2. The assessee has raised the additional grounds regarding 153D Approval and grounds regarding limitation of the order. 3. At the time of hearing, ld. AR has withdrawn the above grounds. 4. It was submitted by the ld. Sr. Advocate that the assessee has produced substantial evidences before the AO but it is not adequate and additional documents were required to be produced. It was the submission that the evidences were produced before the ld. CIT(A) but the ld. CIT(A) had not considered these evidences. It was the prayer that the assessee may be granted another opportunity to produce all the ITA No.36/CTK/2022 2 evidences before the AO. It was the submission that the assessee undertakes to produce all the evidences before the AO if the issues in the appeal are restored to the file of AO for readjudication. 5. In reply, ld. Sr. DR vehemently opposed the reasons for restoration to the ld. AO. It was the submission that the substantial opportunities have been provided to the assessee to produce the evidences before the AO. 6. We have considered the rival submissions. Coming to the issues of the additional grounds, which have been raised, admittedly, these grounds have been raised without supporting memo for filing of the additional grounds, neither is the same accompanied by the affidavit required under Rule 10 of the ITAT Rules, nor has any documents been produced to substantiate the additional grounds filed, however, the ld. Sr. Advocate has withdrawn the additional grounds. Thus, we are not considering the additional grounds nor adjudicating the same. 7. Coming to the prayer of the ld. Senior Counsel that the issues may be restored to the file of AO, a perusal of the assessment order shows that the assessee has not produced regular books of accounts before the AO and also the assessee has not been able to provide any evidence in respect of availability of stock in the course of assessment proceedings. This being so, as the ld. Senior Counsel has also given undertaking that the assessee will cooperate if the issues are restored to the file of AO, therefore, in the interest of natural justice, the issues in this appeal are restored to the file of AO for readjudication after granting the assessee adequate opportunity of being heard. ITA No.36/CTK/2022 3 8. In the result, appeal of the assessee is partly allowed for statistical purposes. Order dictated and pronounced in the open court on 13/10/2023. Sd/- (राजेश क ु मार) (RAJESH KUMAR) Sd/- (जाजज माथन) (GEORGE MATHAN) ऱेखा सदस्य/ ACCOUNTANT MEMBER न्यानयक सदस्य / JUDICIAL MEMBER कटक Cuttack; ददनाांक Dated 13/10/2023 Prakash Kumar Mishra, Sr.P.S. आदेश की प्रनतलऱपऩ अग्रेपषत/Copy of the Order forwarded to : आदेशान ु सार/ BY ORDER, (Assistant Registrar) आयकर अऩीऱीय अधधकरण, कटक/ITAT, Cuttack 1. अऩीऱाथी / The Appellant- Sai Swadhin Commercial Pvt. Ltd. At: Bhadryya Street, Jeypore, Koraput-764001 2. प्रत्यथी / The Respondent- ACIT, Central Circle-1, Bhubaneswar 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//