The Hyderabad bench of the Income Tax Appellate Tribunal (ITAT) held that in the interest of justice, it was proper to restore the issue to the file of the CIT(A) NFAC with a direction to grant one last opportunity to the assessee to substantiate its case.
his appeal filed by the assessee is directed against the ex-parte order dated 28/06/2023 of the CIT(A)-NFAC, Delhi relating to A.Y.2020-21.
The CIT(A) NFAC sustained the addition made by the Assessing Officer in absence of any submission or documentary evidence filed by the assessee despite two opportunities granted.
It is the submission of the Counsel for the assessee that given an opportunity, the assessee is in a position to substantiate its case with documentary evidence to the satisfaction of the CIT(A) NFAC.
The DR, on the other hand, strongly objected to the arguments advanced by the assessee.
After hearing both the parties, the tribunal noted that It is an admitted fact that the assessee failed to submit the details when two opportunities were Venkat Sai RCC Pipes and Infrastructures Page 5 of 5 granted by the CIT(A).
The two bench member consisting of R.K Panda (Vice President) and Laliet Kumar (Judicial member) held that the totality of the facts of the case and in the interest of justice, it was proper to restore the issue to the file of the CIT (A) NFAC with a direction to grant one last opportunity to the assessee to substantiate its case and decide the issue as per fact and law. The assessee was also directed to appear before the CIT (A) NFAC on the appointed date without seeking any adjournment under any pretext failing which the CIT (A) NFAC is at liberty to pass appropriate order as per law.
At the same time, due to the callous attitude of the assessee in ignoring the notices of the CIT(A) NFAC, the bench levied a cost of Rs.3000/- on the assessee which is to be paid to the PMs Relief Fund. Thus the appeal was allowed.
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