Balvinder, Karnal V. ITO, Ward- 1, Karnal

ITA 13/DEL/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 1263 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-06-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 01-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S L ANURAGI
• Keywords: Opportunity of being heard; Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES SMC: DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER ITA.NO.13/DEL./2019 ASSESSMENT YEAR 2011-2012 MR. BALVINDER, S/O. BHAGIRATH RAM, VILLAGE-MEHMADPUR, KARNAL. HARYANA -132022 PAN APPPB0102C VS., THE INCOME TAX OFFICER, WARD-1, KARNAL. (APPELLANT) (RESPONDENT) FOR ASSESSEE : -NONE- FOR REVENUE : SHRI S.L. ANURAGI, SR.DR DATE OF HEARING : 04.06.2019 DATE OF PRONOUNCEMENT : 04.06.2019 ORDER THIS APPEAL BY ASSESSEE HAS BEEN DIRECTED AGAINST THE ORDER OF THE LD. CIT(A), KARNAL, DATED 31.10.2018 FOR THE A.Y. 2011-2012. 2. THE LD. CIT(A) NOTED THAT ASSESSEE HAS NOT MADE ANY APPEARANCE DESPITE GIVING VARIOUS OPPORTUNITIES. THE LD. CIT(A), THEREFORE, NOTED THAT ASSESSEE HAS NOTHING TO ADD OR SUBMISSION IN RESPECT OF THE ADDITIONS MADE BY THE A.O. 2 ITA.NO.13/DEL./2019 MR. BALVINDER, KARNAL. THE LD. CIT(A), ACCORDINGLY, DISMISSED THE APPEAL OF ASSESSEE. 3. I HAVE HEARD THE LEARNED D.R. AND PERUSED THE ORDERS OF THE AUTHORITIES BELOW. 4. AFTER CONSIDERING THE SUBMISSIONS OF THE LD. D.R. I AM OF THE VIEW THAT THE MATTER REQUIRES RECONSIDERATION AT THE LEVEL OF THE LD. CIT(A). ACCORDING TO SECTION 250(6) OF THE I.T. ACT, 1961, THE LD. CIT(A) IS REQUIRED TO MENTION POINT FOR DETERMINATION AND REASONS FOR DECISION IN HIS APPELLATE ORDER. EVEN IF THE ASSESSEE DID NOT APPEAR BEFORE LD. CIT(A), THE LD. CIT(A) SHOULD HAVE TO DECIDE THE APPEAL ON MERITS GIVING REASONS FOR DECISION IN THE APPELLATE ORDER. HOWEVER, THE LD. CIT(A) SIMPLY DISMISSED THE APPEAL OF ASSESSEE FOR NON-PROSECUTION. THEREFORE, THE ORDER CANNOT BE SUSTAINED IN LAW. 5. IN VIEW OF THE ABOVE, I SET ASIDE THE IMPUGNED ORDER OF LD. CIT(A), KARNAL AND RESTORE THE APPEAL OF ASSESSEE TO HIS FILE WITH A DIRECTION TO RE-DECIDE THE APPEAL OF ASSESSEE IN ACCORDANCE WITH LAW, GIVING REASONS FOR DECISION 3 ITA.NO.13/DEL./2019 MR. BALVINDER, KARNAL. IN THE APPELLATE ORDER, BY GIVING REASONABLE AND SUFFICIENT OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. 6. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE STANDS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT. SD/- (BHAVNESH SAINI) JUDICIAL MEMBER DELHI, DATED 04 TH JUNE, 2019 VBP/- COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT SMC BENCH 6. GUARD FILE //BY ORDER// ASST. REGISTRAR : ITAT : DELHI BENCHES : DELHI.