Mahanivesh (India) Ltd., New Delhi V. ITO, Ward-16(1), New Delhi

ITA 1111/DEL/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 8463 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-07-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 12-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S L ANURAGI
• Keywords: Sale consideration of property below Jantri Value; Opportunity of being heard
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : SMC : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER ITA NO.1111/DEL/2019 ASSESSMENT YEAR: 2013-14 MAHANIVESH (INDIA) LTD., 13/34, WEA KAROL BAGH, ARYA SAMAJ ROAD, NEW DELHI. PAN: AAACM1750C VS. ITO, WARD-16(1), NEW DELHI. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI ANUNAV KUMAR, ADVOCATE REVENUE BY : SHRI S.L. ANURAGI, SR.DR DATE OF HEARING : 15.07.2019 DATE OF PRONOUNCEMENT : 15.07.2019 ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE EX PARTE ORDER DATED 30.11.2017 OF THE CIT(A)-22, NEW DELHI, RELATING TO ASSESSMENT YEAR 2013-14. THE ASSESSEE IN ITS VARIOUS GROUNDS OF APPEAL CHALLENGE D THE ORDER OF THE CIT(A) IN DISMISSING THE APPEAL FILED BY THE ASSESSEE FOR NON -PROSECUTION. 2. FACTS OF THE CASE, IN BRIEF, ARE THAT THE ASSESS EE IS A PRIVATE LIMITED COMPANY AND FILED ITS RETURN OF INCOME ON 31 ST OCTOBER, 2013 DECLARING AN INCOME OF RS.4,78,400/- . THE ASSESSING OFFICER COMPLETED THE ASSESSMENT U/S 143(3) ON 18 TH MARCH, 2016 DETERMINING THE TOTAL INCOME AT RS.27,95,190/-. SI NCE NONE APPEARED BEFORE THE ITA NO.1111/DEL/2019 2 CIT(A), THE LD.CIT(A), VIDE EX PARTE ORDER PASSED BY HIM, DISMISSED THE APPEAL FILED BY THE ASSESSEE FOR NON-PROSECUTION. 3. AGGRIEVED WITH SUCH ORDER OF THE CIT(A), THE ASS ESSEE IS IN APPEAL BEFORE THE TRIBUNAL. 4. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT DUE TO NON-RECEIPT OF ANY NOTICE FROM THE OFFICE OF THE CIT(A), NOBODY COULD APPEAR BEFORE HIM FOR WHICH HE HAS PASSED THE EX PARTE ORDER DISMISSING THE APPEAL OF THE ASSESSEE. HE S UBMITTED THAT THE LD.CIT(A) HAS NOT DECIDED THE APPEAL ON MERIT. HE ACCORDINGLY SUBMITTED THAT IN THE INTEREST OF JUSTICE THIS MATTER SHOULD BE RESTORED TO THE FILE OF THE CIT(A) AND THE ASSESSEE SHOULD BE GIVEN AN OPPORTUNITY OF BEING HE ARD. THE LD. DR HAS NO OBJECTION FOR RESTORING THE MATTER TO THE FILE OF THE CIT(A). 5. AFTER HEARING THE RIVAL ARGUMENTS MADE BY BOTH T HE SIDES, I AM OF THE CONSIDERED OPINION THAT THE MATTER REQUIRES TO BE RESTORED TO THE FILE OF THE CIT(A) WITH A DIRECTION TO GIVE ONE MORE OPPORTUNITY TO THE ASSESSEE TO SUB STANTIATE ITS CASE. THE LD.CIT(A) SHALL DECIDE THE ISSUE AS PER FACT AND LAW AFTER GI VING DUE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. I HOLD AND DIRECT ACCORDINGLY. THE GR OUNDS RAISED BY THE ASSESSEE ARE ACCORDINGLY, ALLOWED FOR STATISTICAL PURPOSES. ITA NO.1111/DEL/2019 3 6. IN THE RESULT, THE APPEAL FILED BY THE ASS ESSEE IS ALLOWED FOR STATISTICAL PURPOSES. THE DECISION WAS PRONOUNCED IN THE OPEN COURT ON 1 5.07.2019. SD/- ( R.K. PANDA) ACCOUNTANT MEMFBE R DATED: 15 TH JULY, 2019 DK COPY FORWARDED TO 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASSTT. REGISTRAR, ITAT, NEW DELHI