M/s A.K. Captal Services Ltd., New Delhi V. DCIT, New Delhi

ITA 1576/DEL/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 97061 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 4 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-08-2015
• Appeal Filed By: Assessee
• Bench Allotted: A
• Next Hearing Date: 24-07-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 18-03-2013
• Court: TRIBUNAL
• Department Lawyers: JAISWALDR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : A NEW DELHI BEFORE SHRI J.SUDHAKAR REDDY ACCOUNTANT MEMBER AND SHRI C.M. GARG, JUDICIAL MEMBER ITA NO: 1576/DEL/2013 ASSTT. YEAR 2009-10 A.K. CAPITAL SERVICES LTD. VS. DCIT FLAT NO. N, SAGAR APARTMENT CE NT.CIRCLE 20 6, TILAK MARG NEW DELHI 110 001 NEW DELHI. (PAN AAACA1069L) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI VED JAIN, ADVOCATE SHRI PRANJAB SRIVASTAVA, ADVOCATE SHRI ASHISH GOEL, CA RESPONDENT BY :SHRI JAISWAL,DR DATE OF HEARING :24.7.2015 DATE OF PRONOUNCEMENT : 14 .8. 2015 O R D E R PER J.SUDHAKAR REDDY, ACCOUNTANT MEMBER THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) DATED 28.2 .2013 . THIS IS AN EX PARTE ORDER. THE LD. COMMISSIONER OF INCOME TAX HAS NOT DISPOSED OFF THE CASE ON MERITS. HE HAS DISMISSED THE CASE FOR NON P ROSECUTION. AFTER HEARING RIVAL CONTENTIONS WE ARE OF THE CONSIDERED OPINION THAT THE ASSESSEE WAS PREVENTED FROM SUFFICIENT CAUSE FROM APPEARING BEFO RE THE FIRST APPELLATE AUTHORITY. HENCE IN THE INTEREST OF JUSTICE WE REST ORE THE APPEAL, TO THE FILE OF THE FIRST APPELLATE AUTHORITY FOR DENOVO ADJUDICATI ON IN ACCORDANCE WITH LAW. ITA NO. 1576/DEL/2013 A.K. CAPIT AL SERVICES LTD, VS. DCIT 2 THE ASSESEE SHALL APPEAR BEFORE THE LD. CIT(A) ON 2 3 RD NOVEMBER, 2015 AND TAKE A NOTICE OF HEARING AND THEREAFTER CO OPERATE WITH THE LD. CIT(A) FOR DISPOSAL OF THE APPEAL. SD/- SD/- (C.M. GARG) (J. SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: THE 14 TH AUGUST, 2015 VEENA COPY OF THE ORDER FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR 6. GUARD FILE BY ORDER DY. REGISTRAR SL. NO. DESCRIPTION DATE 1. DATE OF DICTATION BY THE AUTHOR 10.8..2015 2. DRAFT PLACED BEFORE THE DICTATING MEMBER 11.8.2 015 3. DRAFT PLACED BEFORE THE SECOND MEMBER 4. DRAFT APPROVED BY THE SECOND MEMBER 5. DATE OF APPROVED ORDER COMES TO THE SR. PS 6. DATE OF PRONOUNCEMENT OF ORDER 7. DATE OF FILE SENT TO THE BENCH CLERK 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER