Genesis Overseas Pvt. Ltd., New Delhi V. ITO, New Delhi

ITA 2065/DEL/2012

• Counselvise Citation: 206520114 RSA 2012
• Duration Of Justice: 7 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-12-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 11-12-2012
• Assessment Year: 2007-2008
• Appeal Filed On: 03-05-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SATPAL SINGH SR DR HEARING ON
• Keywords: Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: C NEW DELHI BEFORE SHRI I.C. SUDHIR, JUDICIAL MEMBER AND SHRI J.S.REDDY, ACCOUNTANT MEMBER I.T.A. NO. 2065/DEL/2012 ASSESSMENT YEAR: 2007-08 GENESIS OVERSEAS PVT. LTD. VS. ITO, WARD 12 (1), 3, A-1,RAO TULA RAM MARG NEW DELHI NEW DELHI PAN: AAACGO202H (APPELLANT) (RESPONDENT) ASSESSEE BY : SH.AJAY WADHWA, ADV. REVENUE BY : SH. SATPAL SINGH, SR.DR. HEARING ON : 12/12/2012 ORDER PRONOUNCED ON THE DATE : ORDER PER I.C.SUDHIR, JM : THE ASSESSEE HAS QUESTIONED FIRST APPELLATE ORDER O N SEVERAL GROUNDS. 2. IN GROUND NOS. 2 & 3, THE ASSESSEE HAS QUESTIONE D THE FIRST APPELLATE ORDER WHEREBY THE LD. CIT (A) IS ALLEGED TO HAVE RE FUSED THE REQUESTED SHORT ADJOURNMENT AND THUS DENIED ADEQUATE OPPORTUNITY. I N OTHER GROUNDS THE FIRST APPELLATE ORDER HAS BEEN QUESTIONED ON THE BASIS TH AT THE LD. CIT (A) WAS NOT JUSTIFIED IN SUSTAINING THE PENALTY LEVIED U/S 271( 1) (C) OF THE ACT. RELIANCE ITA NO. 2065/DEL/2012 2 HAS BEEN PLACED ON THE RECENT DECISION OF HONBLE S UPREME COURT IN THE CASE OF CIT VS. RELIANCE PETRO PRODUCTS (P) LTD. (2010) 322 ITR 158 (SC) 3. THE LD. AR REITERATED THE CONTENTS OF THE GROUND. H E SUBMITTED THAT NOTICE ISSUED BY THE OFFICE OF THE LD. CIT (A) FOR HEARING OF THE FIRST APPEAL FIXED ON 8.12.2011 WAS NOT SERVED UPON THE ASSESSEE HENCE NO ONE ON BEHALF OF ASSESSEE COULD APPEAR BEFORE THE LD. CIT (A). NO TICE ISSUED ON 22.12.2011 FOR 30.1.2012 WAS SERVED UPON THE ASSESSEE AND IN R ESPONSE THERETO THE ASSESSEE HAD APPEARED BEFORE THE AO ON 30.1.2012 WI TH AN APPLICATION FOR ADJOURNMENT STATING THAT ITS COUNSEL MR. AJAY WADH WA HAD GONE OUT OF STATION. THE MATTER WAS ADJOURNED TO 31.1.2012 AND DESPITE REQUEST OF THE ASSESSEE, THAT LD. COUNSEL FOR THE ASSESSEE HAD GON E OUT OF STATION FOR URGENT AND UNAVOIDABLE WORK ON 28.1.2012 AND THOUGH HE HAD COME BACK ON 30.1.2012 BUT DUE TO SOME INCOMPLETENESS OF THE WOR K, HE WILL COME ON 4.2.2012. THE LD. AR SUBMITTED THAT ASSESSEE HAS GO T GOOD CASE AND BONA FIDE REASON AND IF THE SAME IS CONSIDERED PROPERLY THEN THERE IS NO QUESTION ON LEVY OF PENALTY U/S 271(1) (C) OF THE ACT. 4. THE LD. DR SUBMITTED THAT DESPITE SUFFICIENT OPPORT UNITY THE ASSESSEE DID NOT AVAIL THE SAME TO PRESENT ITS CASE BEFORE T HE LD. CIT (A) AND THUS LD. CIT (A) WAS HAVING NO OPTION BUT TO DISMISS THE APP EAL PREFERRED BY THE ASSESSEE BY SIMPLY UPHELD THE PENALTY LEVIED BY THE AO HAD RS.81,260/-. ITA NO. 2065/DEL/2012 3 5. CONSIDERING THE ABOVE SUBMISSIONS WE FIND THAT IT I S A FIT CASE TO SET ASIDE THE MATTER BEFORE THE LD. CIT (A) SINCE THE L D. CIT (A) HAS NOT DISCUSSED EVEN THE NATURE OF ADDITION AND AS TO HOW THERE WAS CONCEALMENT OF PARTICULARS OF INCOME OR FURNISHING INACCURATE P ARTICULARS THEREOF ON THE PART OF ASSESSEE TO JUSTIFY THE PENAL ACTION TAKEN U/S 271 (1) (C) OF THE ACT BY THE AO. WE THUS SET ASIDE THE MATTER TO THE FILE OF THE LD. CIT (A) TO DISPOSE OF THE APPEAL BY PASSING A SPEAKING ORDER AFTER AFF ORDING OPPORTUNITY OF BEING HEARD TO THE PARTIES. THE ASSESSEE IS ALSO EX PECTED TO CO-OPERATE WITH THE FIRST APPELLATE AUTHORITY IN DISPOSAL OF THE AP PEAL. THE GROUNDS ARE THUS ALLOWED FOR STATISTICAL PURPOSES. 6. CONSEQUENTLY APPEAL IS ALLOWED FOR STATISTICAL PURP OSES. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 12/12/ 2012. SD/- SD/- ( J.S. REDDY ) (I.C. S UDHIR) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 12/12/2012 *AK VERMA* COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(APPEALS) 5.DR: ITAT ASSISTANT REGISTRAR