Case Law Details
Arvind Purseth Vs CIT(A) (ITAT Cuttack)
It was submitted by the ld. Sr. DR that the only issue in the appeal of the assessee was that TDS had not been deducted in respect of payments made to M/s Sundaram Finance Ltd. and M/s Gulshan Freight Carrier. It was the submission that Form 26A had been produced before the ld.CIT(A) but had not been produced before the AO. Consequently, the ld. CIT(A) had refused to admit the Form No.26A on the ground that it was in the nature of fresh evidence. It was the submission that the order of the ld. CIT(A) is liable to be upheld.
We have considered the rival submission and the grounds of appeals. A perusal of the facts and present case clearly show that the assessee has categorically admitted that he was suffering from ailment, which resulted in not being able to produce the evidence before the AO. Admittedly, form No.26A has also been produced before the ld. CIT(A). Once Form 26A is produced before the lower authorities, then levy u/s.201 of the Act would not be called for. Admittedly, this Form 26A has not been produced before the AO. The availability of the form 26A is also not in dispute. The proceeding before the ld. CIT(A) is an extension of the proceedings before the AO. This being so, as it is only a technical breach, in the interest of justice, issues in these appeals are being restored to the file of the AO so as to enable the assessee to produce the evidences before the AO to substantiate its claim.
FULL TEXT OF THE ORDER OF ITAT CUTTACK
These are the appeals filed by the assessee against the order of the ld CIT(A), National Faceless Appeal Centre (NFAC), Delhi dated 29.07.2022 in Appeal No.ITBA/NFAC/S/250/2022-23/1044301043(1), in appeal No.ITBA/NFAC/S/250/2022-23/1044395029(1), dated 01.08.2022 and in appeal No.ITBA/NFAC/S/250/2022-23/1044395135(1) for the assessment years 2015-2016, 2016-2017 & 2017-2018.
2. At the outset, we found that ITA No.156/CTK/2022 is barred by 13 days and ITA Nos.157&158/CTK/2022 are barred by 10 days. However, looking to the facts and circumstances, we condone the respective delays occurred in the respective appeals and appeals are admitted for hearing.
3. None represented on behalf of the assessee, however, an ITA Nos.156-158/CTK/2022 adjournment letter has been filed stating therein that Shri S.S.Poddar, CA is out of state to attend the family marriage function. The adjournment request is not reasonable and consequently the same stands rejected and the appeals are being disposed of on merits.
4. It was submitted by the ld. Sr. DR that the only issue in the appeal of the assessee was that TDS had not been deducted in respect of payments made to M/s Sundaram Finance Ltd. and M/s Gulshan Freight Carrier. It was the submission that Form 26A had been produced before the ld.CIT(A) but had not been produced before the AO. Consequently, the ld. CIT(A) had refused to admit the Form No.26A on the ground that it was in the nature of fresh evidence. It was the submission that the order of the ld. CIT(A) is liable to be upheld.
5. We have considered the rival submission and the grounds of appeals. A perusal of the facts and present case clearly show that the assessee has categorically admitted that he was suffering from ailment, which resulted in not being able to produce the evidence before the AO. Admittedly, form No.26A has also been produced before the ld. CIT(A). Once Form 26A is produced before the lower authorities, then levy u/s.201 of the Act would not be called for. Admittedly, this Form 26A has not been produced before the AO. The availability of the form 26A is also not in dispute. The proceeding before the ld. CIT(A) is an extension of the proceedings before the AO. This being so, as it is only a technical breach, in the interest of justice, issues in these appeals are being restored to the file of the AO so as to enable the assessee to produce the evidences before the AO to substantiate its claim.
6. Thus, the issues in the appeals are restored to the AO for read judication after granting opportunity to the assessee to substantiate its case.
7. In the result, appeals of the assessee are partly allowed for statistical purposes.
Order dictated and pronounced in the open court on 12/12/2022.
