Sunand Sharma, Gurgaon V. ITO WARD - 20(4), New Delhi

ITA 243/DEL/2021

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 3099 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 5 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-08-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2012-2013
• Appeal Filed On: 17-03-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Opportunity of being heard; TDS
• Section: 143(3); 14A; 40(a)(ia); 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘H’ NEW DLEHI BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI N.K. CHOUDHRY, JUDICIAL MEMBER ITA No. 243/Del/2021 Assessment Year: 2012-13 Sh. Sunand Sharma, 1623B, The Magnolias, DLF Golf Links, DLF Phase-5, Gurgaon PAN: AAUPS0118H VersuS Income-tax Officer(TDS), Hisar. (Appellant) (Respondent) Appellant by :Ms.Mansi Jain, C.A. Respondent by : Shri M. Baranwal, Ld. Sr. DR Date of hearing : 03.08.2022 Date of order : 26.08.2022 ORDER PER N.K. CHOUDHRY, J.M. This appeal has been preferred by the Assessee against the order dated 06.01.2017, impugned herein, passed by the learned Commissioner of Income-tax (Appeals)-16, New Delhi (in short “Ld. Commissioner”), u/s. 250(6) of the Income-tax Act, 1961 (in short ‘the Act’) for the assessment year 2012-13. ITA No. 243/Del/2021 2 2. Brief facts, relevant for adjudication of the instant appeal are that the Assesseedeclared the incomeof Rs.2,43,80,840/- by filling its return of income on dated 15.09.2012, which was taken into consideration by the Assessing Officer, who vide Assessment Order dated 27-3-2015 u/s. 143(3) of the Act, made a disallowance of Rs.20,370/- u/s. 14A read with Rule 8D, as per calculation of disallowance filed by the Assessee itself. Further the AO also made the disallowance of Rs.9,00,000/- u/s. 40(a)(ia) of the Act on the premisethat during the year under consideration, the Assesseehad paid rent to the tune of Rs.9,00,000/- in respect of Udai Farm without deducting tax at source and had not furnished any details to support its claim and that in the immediately preceding assessment year, had a turnover of Rs.1,55,76,963/- and therefore, the Assessee was liable to deduct tax at source on the rent paid. 3. The Assessee challenged the Assessment Order dated 27-3- 2015 in first appeal before the ld. Commissioner, who vide impugned order dismissed the appeal of the Assessee in limineon the ground that the Assessee has remained totally non-compliant and no evidence were placed in support of his assertions. 4. Being aggrieved, the Assessee is in appeal before us, inter alia, contending that the Assessing Officer has written a wrong fact that no details with respect to tax deduction at source on the rent paid were filed whereas the Assessee vide letter dated 27.03.2015 had filed the copy of rent agreement with all the details of TDS paid by ALSTOM on behalf of the Assessee (copies placed at pages no. 25 to 40 of the paper book); and that the ld. Commissioner has ITA No. 243/Del/2021 3 decided the appeal of the Assessee ex-parte without affording reasonable opportunity of being heard. 5. On the contrary the Ld. DR supported the orders of the authorities below. 6. Heard both the parties and perused the material available on record. A perusal of the impugned order reveals that the ld. CIT(A) has dismissed the appeal of the Assesseeonly considering the non- compliance on behalf of the Assessee. However, while dismissing the appeal of the Assessee, he has failed to state the points for determination, the decision thereon and the reason for the decision as required under sub-section (6) of Section 250 of the Act, meaning thereby, no decision has been given on merits of the case. Keeping in view the contention of the Assessee that all the requisite details were furnished on 27/03/2015 before the Assessing Officer regarding the tax deduction at source on the rent paid which the Assessing Officer has stated to have not been produced and the impugned order, having not been passed on merits of the case, we deem it expedient in the interest of justice to remand the case back to the file of the ld. CIT(A) for decision afresh on merits,suffice to say while giving reasonable opportunity of being heard to the Assessee. The Assessee is also directed to cooperate with the appellate proceedings and to appear before the ld. Commissioner as and when would be required. The Assessee shall be at liberty to furnish all the details regarding TDS, which are stated to have been produced before the AO but not considered while passing the Assessment Order dated 27/03/2015. Ordered accordingly. ITA No. 243/Del/2021 4 7. In the result, the appeal filed by the Assessee stands allowed for statistical purposes. Order pronounced in the open court on 26/08/2022 Sd/- Sd/- (ANIL CHATURVEDI) (N.K. CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER *aks/-