ALOK AGARWAL, ODISHA V. CIT(A), NFAC

ITA 63/CTK/2024

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 7732 (ITAT-CUTTACK)
• Duration Of Justice: 2 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-04-2024
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: DB
• Assessment Year: 2015-2016
• Appeal Filed On: 19-02-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Opportunity of being heard; Set aside

Judgement Text

आयकर अऩीऱीय अधधकरण, कटक न्यायऩीठ,कटक IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH CUTTACK BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER आयकर अऩीऱ सं/ITA No.63/C TK/2024 (ननधाारण वषा / Asses s m ent Year : 2015-2016) Alok Agarwal, Bunglow No.4C, OCL Colony, Rajgangpur-770017 Vs CIT(A), NFAC, Delhi/ACIT, Circle Rourkela, Rourkela PAN No. :AFKPA 2367 R (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) ननधााररती की ओर से /Assessee by : Shri K.K.Bajoria, CA राजस्व की ओर से /Revenue by : Shri S.C.Mohanty, Sr. DR स ु नवाई की तारीख / Date of Hearing : 23/04/2024 घोषणा की तारीख/Date of Pronouncement : 23/04/2024 आदेश / O R D E R Per Bench : This is an appeal filed by the assessee against the order dated 22.12.2023, passed by the CIT(A), National Faceless Appeal Centre (NFAC), Delhi in DIN & Order No.ITBA/NFAC/S/250/2023- 24/1059014605(1) for the assessment year 2017-2018. 2. It was submitted by the ld. AR that there was a direction u/s.144A of the Act by the JCIT, Rourkela in the present case and no opportunity was given by the ld. JCIT, Rourkela before passing the order u/s.144A of the Act. It was the submission that he had no objection if the assessment is set aside to the point where the error has taken placed being the order passed u/s.144A of the Act by the ld. JCIT, Rourkela. It was the submission that the ld. JCIT may be directed to grant the assessee an opportunity of being heard before giving direction u/s.144A of the Act. ITA No.63/CTK/2024 2 3. In reply, ld. Sr. DR submitted that this was nothing but the delay tactics has been adopted by the assessee. It was the submission that the assessee has deposited Rs.5 crores in ICICI Bank and earned nearly Rs.52 lakhs of income. It was the submission that the assessee has taken an OD facility on the said fixed deposit and has invested in shares and has earned dividend income. It was the submission that the AO had denied the assessee’s claim of expenditure of Rs.52 lakhs to be netted off against the interest received on the fixed deposit. It was the submission that there was no actual requirement of direction u/s.144A of the Act itself and the appeal of the assessee is liable to be dismissed. 4. We have considered the rival submissions. Admittedly, the direction u/s.144A of the Act has been issued by the ld. JCIT, Rourkela without granting the assessee an opportunity of being heard. Admittedly, this is a technical default and rectifiable one. This being so, in the interest of justice, the assessment order is set aside and the issues are restored to the file of AO for re-adjudication de novo after obtaining the direction from the ld. JCIT u/s.144A of the Act. The ld. JCIT before issuing directions u/s.144A of the Act, shall grant the assessee an opportunity of being heard. ITA No.63/CTK/2024 3 5. In the result, appeal of the assessee is partly allowed for statistical purposes. Order dictated and pronounced in the open court on 23/04/2024. Sd/- (MANISH AGARWAL) Sd/- (GEORGE MATHAN) ऱेखा सदस्य/ ACCOUNTANT MEMBER न्यानयक सदस्य / JUDICIAL MEMBER कटक Cuttack; ददनाांक Dated 23/04/2024 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- Alok Agarwal, Bunglow No.4C, OCL Colony, Rajgangpur-770017 2. प्रत्यथी / The Respondent- CIT(A), NFAC, Delhi/ACIT, Circle Rourkela, Rourkela 3. आयकर आय ु क्त(अऩीऱ) / The CIT(A), 4. आयकर आय ु क्त / CIT 5. ववभागीय प्रतततनधध, आयकर अऩीऱीय अधधकरण, कटक / DR, ITAT, Cuttack 6. गार्ड पाईऱ / Guard file. सत्यावऩत प्रतत //True Copy//