VMS Industries Ltd., Ahmedabad V. The DCIT, Circle-4(1)(2), Ahmedabad

ITA 108/AHD/2020

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 0774 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-05-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2014-2015
• Appeal Filed On: 29-01-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 14A

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “D” BENCH Before: Shri P.M. Jagtap, Vice President And Shri Siddhartha Nautiyal, Judicial Member V. M. S. Indu stries Ltd ., Ah medabad PAN: AABC V7307H (Appellant) Vs The DCIT, Circle-4(1)(2 ), Ah med abad (Resp ondent) Asses see b y : Shri Firoj G. Bodla, A. R. Revenue by : Shri Purusho ttam Kumar, Sr. D.R. Date of hearing : 10-05 -2022 Date of pronouncement : 30-05 -2022 आदेश/ORDER PER : SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER:- This is an appeal filed by the assessee against the order of the ld. Commissioner of Income Tax (Appeals)-8, Ahmedabad in Appeal no. CIT(A)-8/11135/16-17 vide order dated 19/11/2019 passed for the assessment year 2014-15. ITA No. 108/Ahd/2020 Assessment Year 2014-15 I.T.A No. 108/Ahd/2020 A.Y. 2014-15 Page No. VMS Industries Ltd. vs. DCIT 2 2. The assessee has taken the following grounds of appeal:- “The learned CIT (Appeal)-8 and Assessing Officer has erred on law and facts by invoking the provisions of Section 14A and computing the disallowance as per formula provided in Rule 8D of the Income Tax Rules, 1962. The appellant submits that additions amounting to Rs 785511/- on account of provisions of Section 14A of the IT Act, 1961 be deleted on account of nexus of sources of funds and application of funds in respect of investments and judicial pronouncement in this regard. 2. The appellant prays to condone the delay in filing of appeal, if any, since appellant has downloaded CIT Appeals order from income tax e- portal and had not received physical copy through post and said downloading date is 06 th December, 2019.” 3. Before us, the counsel for the assessee, at the outset has submitted that no opportunity of hearing was given in the appeal filed before Ld. Commissioner of Income Tax (Appeals). The counsel for the assessee submitted that no notice for hearing was received by the assessee and apparently the notice was sent to the email ID of the previous Authorised Representative. Therefore, in absence of notice of hearing being received by the assessee, the assessee could not cause appearance and Ld. CIT(Appeals) passed the appeal order ex-parte without affording opportunity of hearing to the assessee. 4. In light of the above facts, in our considered view, in the interests of justice, the case may be restored to the file of the Ld. CIT(Appeals) so that case may be heard on merits after giving due opportunity of hearing to the I.T.A No. 108/Ahd/2020 A.Y. 2014-15 Page No. VMS Industries Ltd. vs. DCIT 3 assessee. The Ld. DR has no objection to the matter being restored to the file of Ld. CIT(Appeals) for fresh adjudication. 5. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 30-05-2022 Sd/- Sd/- (P.M. JAGTAP) (SIDDHARTHA NAUTIYAL) VICE PRESIDENT JUDICIAL MEMBER Ahmedabad : Dated 30/05/2022 आदेश क त ल प अ े षत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order/ आदेश से, उप/सहायक पंजीकार आयकर अपील य अ धकरण, अहमदाबाद