Integrated Institute of Management and Technology , Ghaziabad V. DCIT, Exemption Circle , Ghaziabad

ITA 224/DEL/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 4737 (ITAT-DELHI)
• Duration Of Justice: 6 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-08-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 09-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARUN KR YADAV
• Keywords: Sale consideration of property below Jantri Value; Opportunity of being heard; Difference of opinion
• Section: 50C; 142(1); 12A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: C NEW DELHI BEFORE SHRI R.S. SYAL, VICE PRESIDENT, & SHRI JOGINDER SINGH, JUDICIAL MEMBER ITA NO.224/DEL/2018 ( ASSESSMENT YEAR: 2014-15) INTEGRATED INSTITUTE OF MANAGEMENT AND TECHNOLOGY, RAJ NAGAR, GHAZIABAD, UTTAR PRADESH (PAN-AAATI0627D) VS DCIT(EXEMPTION), GHAZIABAD ASSESSEE BY SHRI V. RAJAKUMAR REVENUE BY SHRI ARUN KR. YADAV DATE OF HEARING 02/08/2018 DATE OF PRONOUNCEMENT 02/08/2018 ORDER PER JOGINDER SINGH, JM THE ASSESSEE IS AGGRIEVED BY AN EX-PARTE ORDER DATE D 30/11/2017 OF THE LD. FIRST APPELLATE AUTHORITY, GH AZIABAD, ON THE GROUNDS STATED IN THE GROUNDS OF APPEAL. 2. DURING HEARING, THE LD. COUNSEL FOR THE ASSESSE E, SHRI V. RAJAKUMAR, CONTENDED THAT THE APPEAL OF THE ASSESSEE WAS DECIDED WITHOUT PROVIDING REASONABLE OR ADEQUAT E ITA NO. 224 /DEL/20158 INTEGRATED INSTITUTE OF MANAGEMENT AND TECHNOLOGY, GHAZIABAD, 2 OPPORTUNITY OF BEING HEARD RESULTING INTO PASSING A N EX-PARTE ORDER BY THE LD. CIT(A). OUR ATTENTION WAS INVITED TO VARIOUS PARAS OF THIS ORDER ALONG WITH PARA 4.5 AND 4.3 OF THE IMPUGNED ORDER. THE CRUX OF THE ARGUMENT IS THAT IT MAY BE REMANDED BACK TO THE FILE OF THE LD. CIT(A) FOR FRE SH ADJUDICATION. ON THE OTHER HAND, SHRI ARUN KUMAR YA DAV, LD. SR. DR, CONTENDED THAT IT WAS THE DUTY OF THE ASSES SEE TO MAKE EFFECTIVE REPRESENTATION ON THE APPOINTED DATE. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSION AND PERUSED THE MATERIAL AVAILABLE ON RECORD. THE FACTS , IN BRIEF, ARE THAT THE ASSESSEE SOCIETY IS REGISTERED WITH TH E REGISTRAR OF SOCIETY U.P. AND WAS GRANTED REGISTRATION U/S 12A O F THE INCOME TAX ACT, 1961 (HEREINAFTER THE ACT), VIDE OR DER DATED 09/01/1997 BY THE LD. CIT(A) MEERUT. THE ASSESSEE DECLARED NIL INCOME IN ITS RETURN FILED ON 29/09/2014. THE C ASE OF THE ASSESSEE WAS SELECTED FOR SCRUTINY, ACCORDINGLY, NO TICES U/S 143(2) AND THEREAFTER U/S 142(1) WERE ISSUED TO THE ASSESSEE. THE ASSESSEE ATTENDED THE ASSESSMENT PROCEEDINGS FR OM TIME TO TIME AND FURNISHED THE REQUIRED DETAILS/INFORMAT ION AND ALSO PRODUCED THE COPY OF REGISTERED SALE DEED AND BANK STATEMENT WHICH WERE EXAMINED BY LD. AO AS IS EVIDE NT FROM ITA NO. 224 /DEL/20158 INTEGRATED INSTITUTE OF MANAGEMENT AND TECHNOLOGY, GHAZIABAD, 3 PAGE-1 (PARA-1) OF THE ASSESSMENT ORDER ITSELF. THE RE WAS A DIFFERENCE OF OPINION ON VALUATION OR PROPERTY FOR STAMP DUTY PURPOSES AND FINALLY SECTION 50C OF THE ACT WAS INV OKED. DISCUSSION HAS BEEN MADE WITH RESPECT TO DEPRECIATI ON ALSO AND FINALLY THE TOTAL INCOME WAS HELD TO BE TAXABLE TO THE TUNE OF RS.2,93,70,645/-. 2.2. ON APPEAL BEFORE THE LD. CIT(A), THE CASE OF THE ASSESSEE WAS DECIDED EX-PARTE ON THE REASONS STATED IN THE IMPUGNED ORDER. HOWEVER, IN PARA-4.1, IT HAS BEEN O BSERVED BY THE LD. CIT(A) THAT OPPORTUNITIES WERE PROVIDED TO THE ASSESSEE AND ON 16/11/2017, THE ASSESSEE MOVED AN APPLICATIO N FOR ADJOURNMENT AND THEREAFTER 23/11/2017, NOBODY REPRE SENTED THE ASSESSEE. CONSIDERING THE TOTALITY OF FACTS, WE ARE OF THE VIEW THAT IT IS A FIT CASE WHERE ASSESSEE SHOULD BE GIVEN MORE OPPORTUNITY TO REPRESENT ITS CASE SO THAT FACTUAL M ATRIX MAY BE EXAMINED. EVEN OTHERWISE, NO PERSON SHOULD BE CONDE MNED UNHEARD. THUS, WE DEEM IT APPROPRIATE TO REMAND THI S APPEAL TO THE FILE OF THE LD. CIT(A) FOR FRESH ADJUDICATIO N IN ACCORDANCE WITH LAW, FOR WHICH THE ASSESSEE BE GIVEN DUE OPPOR TUNITY OF BEING HEARD WITH FURTHER LIBERTY TO FURNISH NECESSA RY EVIDENCE, ITA NO. 224 /DEL/20158 INTEGRATED INSTITUTE OF MANAGEMENT AND TECHNOLOGY, GHAZIABAD, 4 IF ANY, IN SUPPORT OF ITS CLAIM. THUS, THE APPEAL O F THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES ONLY. FINALLY, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT, IN THE PRESENT OF LD. REPRESENTATIVES FROM BOTH SIDES AT T HE CONCLUSION OF THE HEARING ON 02/08/2018. SD/- SD/- (R.S. SYAL) (JOGINDER S INGH) VICE PRESIDENT JUDICIAL MEMB ER DELHI DATED : 02/08/2018 F{X~{T? PRIVATE SECRETARY COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT (RESPECTIVE ASSESSEE) 2. THE RESPONDENT. 3. THE CIT, 4. CIT(A)- 5. DR, ITAT, 6. GUARD FILE. BY ORDER, (DY./ASSTT. REGISTRAR) ITAT, DELHI