RKG Finvest Limited., New Delhi V. DCIT Circle 20(2), New Delhi

ITA 1072/DEL/2023

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 8003 (ITAT-DELHI)
• Duration Of Justice: 11 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-04-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Next Hearing Date: 01-04-2024
• Assessment Year: 2013-2014
• Appeal Filed On: 12-04-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIVEK VARDHA

Judgement Text

Page | 1 INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “F”: NEW DELHI BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI M. BALAGANESH, ACCOUNTANT MEMBER ITA Nos. 1071 & 1072/Del/2023 (Assessment Years: 2012-13 & 2013-14) RKG Finvest Ltd, R-815, B-11, New Rajinder Nagar, New Delhi Vs. DCIT, Circle-20(2) New Delhi (Appellant) (Respondent) PAN:AAACR3749Q Assessee by : Shri Nitin Gulati, Adv Revenue by: Shri Vivek Vardha, Sr. DR Date of Hearing 02/04/2024 Date of pronouncement 04/04/2024 O R D E R PER M. BALAGANESH, A. M.: 1. The appeal in ITA Nos.1071 & 1072/Del/2023 for AYs 2012-13 and 2013- 14, arise out of the order of the National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as ‘ld. CIT(A)’, in short] dated 16.02.2023 against the order of assessment passed u/s 147/143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 25.01.2020 and 27.01.2020 by the Assessing Officer, DCIT, Circle-20 (2), New Delhi (hereinafter referred to as ‘ld. AO’). 2. Identical issues are involved in both the appeals and hence they are taken up together and disposed of by this common order for the sake of convenience. 3. At the outset, we find that the ld CIT(A) had passed an order ex parte without deciding the case on merits. Though, opportunities were indeed given by the CIT(A) to the assessee and adjournment petitions have been filed by the assessee before him which fact is also tabulated by the ld CIT(A) in pages 4 and ITA Nos. 1071 & 1072/Del/2023 RKG Finvest Ltd Page | 2 5 of the order, the ld CIT(A) having granted adjournments had proceeded to dispose of the appeal ex parte without deciding the grounds on merits. Hence, we deem it fit and appropriate to restore these appeals to the file of the ld CIT(A) for de novo adjudication in accordance with law. Needless to mention that the assessee be given reasonable opportunity to make its submission. Accordingly, grounds raised by the assessee are allowed for statistical purposes. 4. In the result, the appeals of the assessee are allowed for statistical purposes. Order pronounced in the open court on 04/04/2024. -Sd/- -Sd/- (KUL BHARAT) (M BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 04/04/2024 A K Keot Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi