Rohit Aggarwal, New Delhi V. ACIT, Circle-28(1), New Delhi

ITA 197/DEL/2020

AI Insights

The case involves Ashoka Mercantile Ltd., the appellant, contesting an order from the Ld. CIT(A)-I, New Delhi, which dismissed their appeal on technical grounds (non-appearance) without addressing the substantive issues raised. The substantive issues included challenges to additions made under section 14A read with Rule 8D of the Income Tax Rules, 1962, and the rejection of set-off of losses. The Tribunal noted the absence of the assessee and any representative during the hearing but decided to proceed based on the submissions of the Ld. Senior DR, emphasizing the need for a fair hearing on the substantive issues.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 121900 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-02-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Next Hearing Date: 22-03-2023
• Assessment Year: 2015-2016
• Appeal Filed On: 09-01-2020
• Laws Referred To: Income Tax Act 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 6; 14A; 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: A : NEW DELHI BEFORE SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER AND SHRI B.R.R. KUMAR, ACCOUNTANT MEMBER ITA No.797/Del/2020 Assessment Year: 2016-17 Ashoka Mercantile Ltd. 601, 6 th Floor, Copia Corporate Suites-9, Jasola Commercial Complex, New Delhi 110025 PANAAACA4221A vs. The ACIT, Circle 3(2), C R Building, ITO IP Estate, New Delhi 110002 (Appellant) (Respondent) For Assessee : Shri None For Revenue : Shri Kanv Bali, Sr. DR Date of Hearing : 09.02.2023 Date of Pronouncement : 13.02.2023 ORDER PER CHANDRA MOHAN GARG, J.M. This appeal filed by the assessee is directed against the order dated 20.08.2019 of the Ld. CIT(A)-I, New Delhi relating to Assessment Year 2013-14. ITA No.797/Del/2020 Page 2 of 5 2. The grounds of appeal raised by the assessee read as under: 1. That the order of the Ld. Commissioner of Income Tax (Appeals) dated 20.08.2019 dismissing the appeal of the Appellant on technical grounds (i.e. non-appearance) is bad in law and on the facts and circumstances of the case. 2. That the Ld. Commissioner of Income Tax (Appeals) has grossly erred in law while dismissing the appeal of the Appellant without deciding the issues based upon material available on records. 3. That, on the facts and circumstances of the case, the Ld. CIT(A) has erred in law while upholding the additions made by the Ld. AO INR 14,42, 106/- under section 14A read with Rule 8D of the Income Tax Rules, 1962. 4. That the Ld. CIT(A) has erred in Law, on the facts and circumstances of the case, while upholding the additions made by the Ld. AO of IN 92,75,060/- rejecting the set-off of losses as claimed by the Appellant. 5. The above grounds are independent and without prejudice to each other. 6. The Appellant craves leave to add, amend or alter all or any of the grounds of appeal during the course of Appellant proceedings. 3. When the case was called for hearing neither the assessee nor any authorize representative appeared nor any adjournment application have been filed. However the Ld. Senior DR drew our ITA No.797/Del/2020 Page 3 of 5 attention towards a glaring fact discernable from the first appellate order that the Ld. CIT(A) has dismissed appeal of the assessee in non prosecution. Therefore we find it that the appeal can be adjudicated in absence of assessee after hearing the arguments of Ld. Senior DR on behalf of the department. 4. In Ground no. 1 and 2 the assessee has challenged the first appellate order on the ground that his appeal has been dismissed on technical grounds without deciding the issues/grounds raised in Form no. 35 of assessee. The Ld. Senior DR, in all fairness, agreed that the matter may be restored to the file of Ld. CIT(A) for a fresh adjudication after allowing due opportunity of hearing to the assessee. As the learned first appellate authority has not adjudicated to grounds of assessee hesitated in Form no. 35 and has dismissed the first appeal on account non persecution by the assessee. ITA No.797/Del/2020 Page 4 of 5 5. In view of forgoing the matter is restored to the file of Ld. CIT(A) for adjudication of grounds of assessee hesitated before him in Form no. 35 as per sub section 6 of section 250 of the Income Tax Act 1961. 6. In the result appeal of assessee is allowed for statistical purposes. Order pronounced in the open court on 13.02.2023. Sd/- Sd/- (B.R.R. KUMAR) (CHANDRA MOHAN GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 13 th February, 2023. NV/- Copy forwarded to : 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR // By Order // Asstt. Registrar, ITAT, New Delhi