M/s. Advitanand Holdings Pvt. Ltd., New Delhi V. ITO, New Delhi

ITA 188/DEL/2012

• Counselvise Citation: 18820114 RSA 2012
• Duration Of Justice: 8 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-09-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 23-08-2012
• Assessment Year: 2002-2003
• Appeal Filed On: 12-01-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SATPAL SINGH
• Assessee Lawyers: SACHIN VASUDEVA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC: NEW DELHI BEFORE SHRI S.V. MEHROTRA, ACCOUNTANT MEMBER ITA NO. 188/DEL/2012 ASSESSMENT YEAR: 2002-2003 ADVITANAND HOLDINGS PVT. LTD., 7-E, JAWAHAR NAGAR, NEW DELHI. PAN NO. AABCA0891R VS. ITO, WARD 1(2), NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY : SH. SACHIN VASUDEVA, CA RESPONDENT BY : SH. SATPAL SINGH, SR. DR DATE OF HEARING : 23/08/2012 DATE OF PRONOUNCEMENT : 28/09/2012 O R D E R THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF LD. CIT(A) DATED 04/10/2011 FOR A.Y. 2002-03. 2. BRIEF FACTS OF THE CASE ARE THAT ASSESSMENT WAS COMPLETED U/S 143(3)(II)/147 OF THE INCOME TAX ACT, AFTER MAKING ADDITION OF RS. 2,50,000/- ON ACCOUNT OF ALLEGED ACCOMMODATION ENTR Y AS PER THE INVESTIGATIONS CARRIED OUT BY THE DIRECTORATE OF IN VESTIGATION, UNIT-V, JHANDEWALAN, NEW DELHI. 3. THE ASSESSEE PREFERRED APPEAL BEFORE LD. CIT(A), WHICH WAS DECIDED EX-PARTE AS NONE APPEARED IN SPITE OF VARIOUS OPPOR TUNITIES. THE ASSESSEE HAS FILED AN AFFIDAVIT THROUGH ITS DIRECTOR SHRI RU MMY CHHABRA DATED 21/08/2012 IN WHICH AVERMENT IS MADE THAT ASSESSEE HAD NOT RECEIVED ANY ITA NO. 188/D/2012 2 NOTICE FIXING THE DATE OF THE HEARING AT THE ADDRES S GIVEN IN THE APPEAL. AFTER HEARING BOTH THE PARTIES, I AM OF THE OPINION THAT IN ORDER TO IMPART SUBSTANTIAL JUSTICE TO THE ASSESSEE, THE ORDER OF L D. CIT(A) DESERVES TO BE SET ASIDE AND MATTER BE RESTORED BACK TO THE FILE O F LD. CIT(A) FOR DENOVO ADJUDICATION OF APPEAL AFTER AFFORDING REASONABLE O PPORTUNITY TO THE ASSESSEE. I DIRECT ACCORDINGLY. 4. IN THE RESULT, THE ASSESSEES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 28/09/2012 SD/- (S.V. MEHROTRA) ACCOUNTANT MEMBER DATED: 28/09/12 *KAVITA COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, NEW DELHI. TRUE COPY BY ORDER DEPUTY REGISTRAR