M/s. Gold Automotive Pvt. Ltd., Delhi V. DCIT, New Delhi

ITA 2405/DEL/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 9247 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 2 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-07-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 21-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NAINA SOIN KAPIL
• Assessee Lawyers: ASHISH GOEL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C, NEW DELHI BEFORE SH. R. K. PANDA, ACCOUNTANT MEMBER AND SH. SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO.2405/DEL/2017 ASSESSMENT YEAR: 2011-12 M/S. GOLD AUTOMOTIVE PVT. LTD., 2740/14, NATIONAL BUILDING, KASHMIRI GATE, DELHI-110006 PAN NO. AACCG0726G VS DCIT CIRCLE 12 (1) NEW DELHI (APPELLANT) (RESPONDENT) APPELLANT BY SH.ASHISH GOEL, ADVOCATE RESPONDENT BY SHRI NAINA SOIN KAPIL, SR. DR DATE OF HEARING: 02/07/2019 DATE OF PRONOUNCEMENT: 08/07/2019 ORDER PER R.K. PANDA, AM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE EXPARTE ORDER DATED 03.01.2017 OF THE CIT(A)-16, NE W DELHI RELATING TO A. Y. 2011-12. 2. THERE IS DELAY OF 13 DAYS IN FILING OF THIS APPE AL BY THE ASSESSEE FOR WHICH THE ASSESSEE HAS FILED A CONDONA TION PETITION EXPLAINING THE REASONS FOR DELAY. AFTER CONSIDERIN G THE CONTENTS OF THE CONDONATION PETITION AND AFTER HEARING THE L D. DR, THE PAGE | 2 DELAY IN FILING OF THIS APPEAL IS CONDONED AND THE APPEAL IS ADMITTED FOR HEARING. 3. THE ASSESSEE IN ITS VARIOUS GROUNDS OF APPEAL HA S CHALLENGED THE ORDER OF THE CIT(A) IN CONFIRMING THE VARIOUS A DDITIONS MADE BY THE ASSESSING OFFICER. 4. FACTS OF THE CASE, IN BRIEF, ARE THAT THE ASSESS EE IS A COMPANY ENGAGED IN THE BUSINESS OF TRADING IN MOTOR PARTS AND ACCESSORIES. IT FILED ITS RETURN OF INCOME ON 25.0 9.2011 DECLARING TOTAL INCOME OF RS.76,45,370/-. THE ASSESSING OFFI CER COMPLETED THE ASSESSMENT DETERMINING THE TOTAL INCOME AT RS.4 ,01,11,450/- BY MAKING AN ADDITION OF RS.3,24,66,081/-. SINCE N ONE APPEARED ON BEHALF OF THE ASSESSEE DESPITE REPEATED OPPORTUN ITIES GRANTED THE LD. CIT(A) CONFIRMED THE VARIOUS ADDITIONS MADE BY THE ASSESSING OFFICER AND THEREBY DISMISSED THE APPEAL. 5. AGGRIEVED WITH SUCH ORDER OF THE CIT(A), THE ASS ESSEE IS IN APPEAL BEFORE THE TRIBUNAL. 6. WE HAVE HEARD THE RIVAL ARGUMENTS MADE BY BOTH T HE SIDES. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT GIV EN AN OPPORTUNITY, THE ASSESSEE IS IN A POSITION TO EXPLA IN HIS CASE. HE SUBMITTED THAT THE ASSESSING OFFICER HAD NOT GIVEN EFFECTIVE OPPORTUNITIES AND THE LD. CIT(A) HAS DECIDED THE AP PEAL EXPARTE AND, THEREFORE, IN THE INTEREST OF JUSTICE THE MATT ER SHOULD BE RESTORED TO THE FILE OF THE ASSESSING OFFICER. 7. THE LD. DR ON THE OTHER HAND WHILE OPPOSING THE PRAYER OF THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT SHE HAS NO OBJECTION IF THE MATTER IS RESTORED TO THE FILE OF THE ASSESSING OFFICER. PAGE | 3 8. CONSIDERING THE TOTALITY OF THE FACTS OF THE CAS E AND IN THE INTEREST OF JUSTICE WE DEEM IT PROPER TO RESTORE TH E ISSUE TO THE FILE OF THE ASSESSING OFFICER WITH A DIRECTION TO GRANT ONE FINAL OPPORTUNITY TO THE ASSESSEE TO SUBSTANTIATE ITS CAS E. THE ASSESSEE IS ALSO HEREBY DIRECTED TO APPEAR BEFORE THE ASSESS ING OFFICER AND EXPLAIN ITS CASE FAILING WHICH THE ASSESSING OFFICE R IS AT LIBERTY TO PASS APPROPRIATE ORDER AS PER LAW. WE HOLD AND DIRE CT ACCORDINGLY. THE GROUNDS RAISED BY THE ASSESSEE AR E ACCORDINGLY ALLOWED FOR STATISTICAL PURPOSE. 9. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 08.07.2019. SD/- SD/- (SUDHANSHU SRIVASTAVA) (R.K PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER *NEHA* DATE:- 08.07.2019 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI DATE OF DICTATION 02.07.2019 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 03.07.2019 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS /PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/ PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WE BSITE OF ITAT 08.07.2019 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 REGIST RAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER