ITO Vs Emerlad Mining Private Limited (ITAT Cuttack)
In ITO vs. Emerald Mining Private Limited, the ITAT Cuttack reviewed an appeal against a CIT(A) decision dated March 26, 2024, which had quashed an assessment due to an alleged delay in issuing a notice under Section 143(2) of the Income Tax Act. The CIT(A) had incorrectly determined that the notice was time-barred based on a misreported filing date of November 25, 2015, while the actual filing date was November 27, 2016. This error led to the appeal being allowed on the grounds of limitation, without addressing the merits of the case. The ITAT found that the CIT(A) had overlooked the correct filing date and had not addressed other merits of the case. Consequently, the ITAT restored the matter to the CIT(A) for a proper adjudication on the substantive issues of the assessment, while partially allowing the revenue’s appeal for statistical purposes.
FULL TEXT OF THE ORDER OF ITAT CUTTACK
This is an appeal filed by the revenue against the order dated 26.03.2024, passed by the CIT(A), National Faceless Centre (NFAC), Delhi, passed in I.T. Appeal No. ITBA/NFAC/S/250/2023-24/1063370884(1), for the assessment year 2015-2016.
2. Shri Sanjay Kumar, CIT-DR appeared on behalf of the revenue and Shri K.K. Bal, Advocate appeared on behalf of the assessee.
