M/s. Twenty First Century Erectors Pvt. Ltd., Delhi V. ITO, New Delhi

ITA 2428/DEL/2013

• Counselvise Citation: [2015] 121 COUNSELVISE.COM (IT) 0242 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 1 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-06-2015
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Next Hearing Date: 06-04-2015
• Assessment Year: 1999-2000
• Appeal Filed On: 25-04-2013
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: VIKRAM SAHAY
• Section: 143(3); 148; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI BENCH BENCH BENCH BENCH F FF F : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI G.C. GUPTA BEFORE SHRI G.C. GUPTA BEFORE SHRI G.C. GUPTA BEFORE SHRI G.C. GUPTA, VICE , VICE , VICE , VICE PRESIDENT AND PRESIDENT AND PRESIDENT AND PRESIDENT AND SHRI SHRI SHRI SHRI INTURI RAMA RAO INTURI RAMA RAO INTURI RAMA RAO INTURI RAMA RAO, , , , ACCOUNTANT ACCOUNTANT ACCOUNTANT ACCOUNTANT MEMBER MEMBER MEMBER MEMBER ITA NO ITA NO ITA NO ITA NO . .. . 2428/DEL/2013 2428/DEL/2013 2428/DEL/2013 2428/DEL/2013 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR : : : : 1999 1999 1999 1999 - -- - 2000 2000 2000 2000 M/S TWENTY FIRST CENTURY M/S TWENTY FIRST CENTURY M/S TWENTY FIRST CENTURY M/S TWENTY FIRST CENTURY ERECTORS PVT.LTD., ERECTORS PVT.LTD., ERECTORS PVT.LTD., ERECTORS PVT.LTD., A AA A- -- -4/301, 4/301, 4/301, 4/301, PRINTERS APARTMENTS, PRINTERS APARTMENTS, PRINTERS APARTMENTS, PRINTERS APARTMENTS, SECTOR SECTOR SECTOR SECTOR- -- -13, ROHINI, 13, ROHINI, 13, ROHINI, 13, ROHINI, DELHI DELHI DELHI DELHI 110 085. 110 085. 110 085. 110 085. PAN : AABCT6009Q. PAN : AABCT6009Q. PAN : AABCT6009Q. PAN : AABCT6009Q. VS. VS. VS. VS. ASSESSING OFFICER, ASSESSING OFFICER, ASSESSING OFFICER, ASSESSING OFFICER, WARD WARD WARD WARD- -- -16(4), 16(4), 16(4), 16(4), NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE. RESPONDENT BY : SHRI VIKRAM SAHAY, SR.DR. DATE OF HEARING : 06.04.2015 06.04.2015 06.04.2015 06.04.2015 DATE OF PRONOUNCEMENT : 10.06.2015 10.06.2015 10.06.2015 10.06.2015 ORDER ORDER ORDER ORDER PER G.C. GUPTA PER G.C. GUPTA PER G.C. GUPTA PER G.C. GUPTA, VP , VP , VP , VP : :: : THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEAR 1999-2 000 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-XIX, NEW DELHI DATED 1 ST DECEMBER, 2010. 2. AT THE TIME OF HEARING OF THE APPEAL, NONE APPEA RED ON BEHALF OF THE ASSESSEE-APPELLANT. THE APPLICATION OF THE ASSESSEE F OR ADJOURNMENT OF THE CASE HAS BEEN REJECTED BY THE BENC H. ACCORDINGLY, THE APPEAL OF THE ASSESSEE IS BEING DECIDED EX-PARTE QU A THE ASSESSEE- APPELLANT ON MERITS AFTER HEARING THE LEARNED DR. 3. THE GROUNDS OF APPEAL OF THE ASSESSEE ARE AS UNDER:- ITA-2428/DEL/2013 2 1. THE LEARNED CIT(A) ERRED IN UPHOLDING THE VIEW OF THE ASSESSING OFFICER TO RE-OPEN THE ASSESSMENT UNDER SECTION 148 OF THE INCOME TAX ACT, 1961. 2. THE LEARNED CIT(A) ERRED IN UPHOLDING THE ASSESSMENT UNDER SECTION 144 OF THE INCOME TAX ACT, 1961. 3. THE LEARNED CIT(A) ERRED IN UPHOLDING THE ADDITI ONS MADE BY THE ASSESSING OFFICER THEREBY TREATING THE SHARE APPLICATION MONEY AS UNEXPLAINED INCOME. 4. LEARNED DR SUBMITTED THAT THE ASSESSEE HAS NOT COOPERA TED WITH THE DEPARTMENT AT THE TIME OF ITS ASSESSMENT BEFORE TH E ASSESSING OFFICER NOR BEFORE THE CIT(A). HE SUBMITTED THAT TH E EX-PARTE ASSESSMENT WAS RIGHTLY FRAMED IN THIS CASE. HE RELIED O N THE ORDER OF THE ASSESSING OFFICER AND THE CIT(A). 5. WE HAVE CONSIDERED THE SUBMISSIONS OF THE LEARNED DR AND HAVE PERUSED THE ORDER OF THE ASSESSING OFFICER AND THE LEARN ED CIT(A). WE FIND THAT THE ASSESSMENT IN THIS CASE WAS FRAMED UNDER SE CTION 143(3) OF THE ACT EX-PARTE QUA THE ASSESSEE. THE ASSESSEE HAS FILE D RETURN OF INCOME DECLARING INCOME OF `34,900/- AND WAS ASSESSED AT `3,35,200/-. THE ASSESSEE SEEMS TO BE A SMALL ASSESSEE AND HAS TRIED TO EXPL AIN ITS CASE BEFORE THE CIT(A). IN THE FACTS OF THE CASE, WE ARE OF THE VIEW THAT IT SHALL BE IN THE INTEREST OF JUSTICE TO PROVIDE ONE MORE OPPORTUNITY TO THE ASSESSEE TO PLEAD ITS CASE BEFORE THE CIT(A). ACCORD INGLY, THE ORDERS OF THE ASSESSING OFFICER AND THE CIT(A) ARE SET ASI DE AND THE ISSUES IN THE GROUNDS OF APPEAL OF THE ASSESSEE ARE RESTORE D TO THE FILE OF THE CIT(A) WITH THE DIRECTION TO PASS A DE-NOVO O RDER IN ACCORDANCE WITH LAW AFTER PROVIDING REASONABLE OPPORTUNITY OF H EARING TO THE PARTIES. THE ASSESSEE IS DIRECTED TO COOPERATE IN THE M ATTER OF ITS APPEAL BEFORE THE CIT(A) AND SHALL BE AT LIBERTY TO FILE ANY EVIDENCE IN SUPPORT OF ITS CASE. THE ASSESSEE IS FURTHER DIRECTED TO C OOPERATE IN ITA-2428/DEL/2013 3 THE MATTER OF DISPOSAL OF ITS APPEAL BEFORE THE CIT(A) . WE DIRECT ACCORDINGLY. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED F OR STATISTICAL PURPOSES. DECISION PRONOUNCED IN THE OPEN COURT ON 10 TH JUNE, 2015. SD/- SD/- ( (( ( INTURI RAMA RAO INTURI RAMA RAO INTURI RAMA RAO INTURI RAMA RAO ) )) ) (G. (G. (G. (G. C. GUPTA C. GUPTA C. GUPTA C. GUPTA ) )) ) ACCOUNTANT ACCOUNTANT ACCOUNTANT ACCOUNTANT MEMBER MEMBER MEMBER MEMBER VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VK. COPY FORWARDED TO: - 1. APPELLANT : M/S TWENTY FIRST CENTURY ERECTORS PVT.LTD., M/S TWENTY FIRST CENTURY ERECTORS PVT.LTD., M/S TWENTY FIRST CENTURY ERECTORS PVT.LTD., M/S TWENTY FIRST CENTURY ERECTORS PVT.LTD., A AA A- -- -4/301, PRINTERS APARTMENTS, 4/301, PRINTERS APARTMENTS, 4/301, PRINTERS APARTMENTS, 4/301, PRINTERS APARTMENTS, SECTOR SECTOR SECTOR SECTOR- -- -13, ROHINI, DELHI 13, ROHINI, DELHI 13, ROHINI, DELHI 13, ROHINI, DELHI 110 085. 110 085. 110 085. 110 085. 2. RESPONDENT : ASSESSING OFFICER, WARD ASSESSING OFFICER, WARD ASSESSING OFFICER, WARD ASSESSING OFFICER, WARD- -- -16(4), NEW DELHI. 16(4), NEW DELHI. 16(4), NEW DELHI. 16(4), NEW DELHI. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR