M/s. Chandeep Leasing & Finance Co. (P) Ltd., New Delhi V. ITO, New Delhi

ITA 195/DEL/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 7988 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 6 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-07-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 12-01-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHIMA NEB
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER AND SH. KULDIP SINGH, JUDICIAL MEMBER ITA NO.195/DEL/2017 ASSESSMENT YEAR : 2012-13 CHANDEEP LEASING & FINANCE CO. (P) LTD. 8/33, 3 RD FLOOR, SAT BHRAWAN SCHOOL MARG, W.E. A. KAROL BAGH, NEW DELHI-110005 VS. INCOME TAX OFFICER WARD- 6 (1) NEW DELHI PAN NO. AAACC2843A (APPELLANT) (RESPONDENT) ASSESSEE BY : SH. PIYUSH KUMAR KAMAL, ADVOCATE DEPARTMENT BY : MS. ASHIMA NEB, SR. DR DATE OF HEARING : 15-07-2019 DATE OF PRONOUNCEMENT : 16-07-2019 O R D E R PER R. K. PANDA, AM : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 16.09.2016 OF THE CIT(A)-2, NEW DELHI RELATIN G TO A.Y.2012-13. 2. THE ASSESSEE IN ITS VARIOUS GROUNDS OF APPEAL HA S CHALLENGED THE ORDER OF THE CIT(A) IN SUSTAINING THE VARIOUS ADDIT ION MADE BY THE ASSESSING OFFICER IN THE EXPARTE ORDER PASSED BY HI M. 3. FACTS OF THE CASE, IN BRIEF, ARE THAT THE ASSESS EE IS A COMPANY AND FILED ITS RETURN OF INCOME ON 29.03.2013 DECLAR ING TOTAL INCOME OF RS.4,530/-. THE ASSESSING OFFICER COMPLETED THE ASS ESSMENT U/S.143(3) ON 30.03.2015 DETERMINING THE TOTAL INCO ME OF THE ASSESSEE AT RS.2,58,04,530/-WHEREIN HE MADE ADDITION OF RS.2 .58 CRORES U/S. 68 OF THE IT ACT 1961. SINCE NONE APPEARED ON BEHAL F OF THE ASSESSEE 2 THE LD. CIT(A) IN THE EXPARTE ORDER PASSED BY HIM S USTAINED THE ADDITION MADE BY THE ASSESSING OFFICER. WHILE DOING SO, HE, HOWEVER, HAS DECIDED THE ISSUE ALSO ON MERIT. 4. AGGRIEVED WITH SUCH ORDER OF THE CIT(A), THE ASS ESSEE IS IN APPEAL BEFORE THE TRIBUNAL. 5. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT ALTHOUGH A NUMBER OF OPPORTUNITIES WERE GRANTED BY CIT(A), THE ASSESSEE WAS SEEKING ADJOURNMENT ON ALL OCCASIONS EXCEPT ON THE LAST OCCASION THAT WAS ON 05.11.2016 ON WHICH DATE NOBODY APPEARED BEF ORE THE CIT(A). HE SUBMITTED THAT THE THEN COUNSEL FOR THE ASSESSEE WAS OUT OF STATION FOR WHICH HE COULD NOT APPEAR BEFORE THE CIT(A) NOR COULD FILE ANY ADJOURNMENT APPLICATION. THE LD. COUNSEL FOR THE A SSESSEE SUBMITTED THAT IN THE INTEREST OF JUSTICE THE MATTER SHOULD B E RESTORED TO THE FILE OF THE CIT(A) WITH A DIRECTION TO GIVE AN OPPORTUNI TY OF BEING HEARD TO THE ASSESSEE. 6. THE LD. DR ON THE OTHER HAND STRONGLY OPPOSED TH E ARGUMENTS ADVANCED BY THE ASSESSEE. REFERRING TO THE ORDER O F THE CIT(A) SHE SUBMITTED THAT A NUMBER OPPORTUNITIES WERE GRANTED BY CIT(A). FURTHER THE LD. CIT(A) HAS DECIDED THE APPEAL ON ME RIT, THEREFORE, THE SAME SHOULD BE UPHELD. 7. WE HAVE CONSIDERED THE RIVAL ARGUMENTS MADE BY B OTH THE SIDES AND PERUSED THE ORDERS OF THE AUTHORITIES BELOW. W E FIND DUE TO NON APPEARANCE OF THE ASSESSEE BEFORE THE CIT(A) HE PAS SED THE EXPARTE ORDER AND DECIDED THE ISSUE ON MERIT AND SUSTAINED THE ADDITION. IT IS THE SUBMISSION OF THE LD. COUNSEL FOR THE ASSESSEE THAT THE ASSESSEE SHOULD BE GIVEN ONE MORE OPPORTUNITY TO SUBSTANTIAT E ITS CASE. CONSIDERING THE TOTALITY OF THE FACTS OF THE CASE A ND IN THE INTEREST OF 3 JUSTICE, WE DEEM IT PROPER TO RESTORE THE ISSUE TO THE FILE OF THE CIT(A) WITH A DIRECTION TO GRANT ONE FINAL OPPORTUNITY TO THE ASSESSEE TO SUBSTANTIATE ITS CASE AND DECIDE THE ISSUE AS PER F ACT AND LAW. THE ASSESSEE IS ALSO HEREBY DIRECTED TO DEPOSIT A SUM O F RS.10,000/- AS COST FOR ITS ATTITUDE IN NOT APPEARING BEFORE THE C IT(A) AND SEEKING ADJOURNMENT UNDER SOME PRETEXT OR OTHER AND NOT APP EARING ON THE LAST DATE OF HEARING WHICH WAS GIVEN AS LAST OPPORT UNITY. THE ASSESSEE IS HEREBY DIRECTED TO APPEAR BEFORE THE CIT(A) AND SUBSTANTIATE ITS CASE FAILING WHICH THE LD. CIT(A) IS AT LIBERTY TO PASS APPROPRIATE ORDER AS PER LAW. WE HOLD AND DIRECT ACCORDINGLY. THE GROUN DS RAISED BY THE ASSESSEE ARE ACCORDINGLY ALLOWED FOR STATISTICAL PU RPOSE. 8. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ACCORDINGLY ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 16.07.2019. SD/- SD/- (KULDIP SINGH) (R. K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED:16-07-2019. *NEHA* COPY OF ORDER TO: - 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT 4) THE CIT(A) 5) THE DR, I.T.A.T., NEW DELHI //TRUE COPY// ASSISTANT REGISTRAR ITAT, NEW DELHI 4 DATE OF DICTATION 15.07.2019 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 16.07.2019 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER 16.07.2019 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS 16.07.2019 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 16.07.2019 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/ PS 16.07.2019 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 22. 07.2019 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH FILE GOES TO THE HEAD CLERK. THE DATE ON WHICH FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER