ITO, New Delhi V. Shri Hargovind Jain Prop. M/s Shri Vardhman Fasion, New Delhi

ITA 2481/DEL/2016

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 6788 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 5 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-10-2019
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 04-05-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: G JOHNSON
• Assessee Lawyers: N S BHATNAGAR SHRI N C JAIN

Judgement Text

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B: NEW DELHI BEFORE SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER ITA NO. 2400/DEL/2016 ASSTT. YEAR: 2010-11 ITA NO. 2481/DEL/2016 ASSTT. YEAR 2010-11 ITO WARD-55(2) R.NO. 216, D-BLOCK, 2 ND FLOOR, VIKAS BHAWAN, I.P. ESTATE NEW DELHI 110 002 VS. HARGOVIND JAIN, PROP. IX-3435, GALI NO. 03, DHARAMPURA, GANDHI NAGAR, DELHI 110031 PAN ADJPJ5609E (APPELLANT) (RESPONDENT) HARGOVIND JAIN, PROP. IX-3435, GALI NO. 03, DHARAMPURA, GANDHI NAGAR, DELHI 110031 PAN ADJPJ5609E VS. ITO WARD-35(2) NEW DELHI. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI N.S. BHATNAGAR, ADVOCATE SHRI N.C. JAIN, ADVOCATE DEPARTMENT BY : SHRI G. JO HNSON, SR. DR DATE OF HEARING 31/07 /201 9 DATE OF PRONOUNCEMENT 18 /10/2019 ITA NOS. 2400,2481/DEL/2016 HARGOVIND JAIN VS ITO 2 O R D E R PER SUDHANSHU SRIVASTAVA, JM: ITA NO. 2400/DEL/2016 IS ASSESSEES APPEAL AGAINST ORDER DATED 5.2.2016 PASSED BY THE LD. CIT (APPEALS)-19, NEW DELHI {CIT (A)} FOR THE ASSESSMENT YEAR 2010-11. ITA NO. 2481/DEL/2016 IS THE DEPARTMENTS CROSS APPEAL. AT THE TIME OF HEARING OF THE APPEALS, BOTH THE PARTIES BEFORE US PRAYED THAT SINCE THE ISSUES IN DISPUTE REQUIRED PROPER APPRECIATION OF FACTS AND EXAMINATION BY THE ASSESSING OFFICER, INTEREST OF JUSTICE WOULD BE SERVED IF BOTH THE APPEALS ARE RESTORED TO THE FILE OF THE AO FOR RE-EXAMINATION OF THE ISSUES UNDER DISPUTE. ACCORDINGLY, IN VIEW OF THE SUBMISSIONS MADE BY BOTH THE PARTIES, WE RESTORE THE ISSUES BEFORE US TO THE FILE OF THE AO TO BE EXAMINED AFRESH AFTER GIVING DUE OPPORTUNITY TO THE ASSESSEE TO PRESENT ITS CASE. WE ALSO DIRECT THE ASSESSEE TO FULLY CO-OPERATE IN THE ASSESSMENT PROCEEDINGS WHENEVER CALLED UPON TO DO SO FAILING WHICH THE ASSESSING OFFICER SHALL BE AT LIBERTY TO PROCEED EX PARTE QUA THE ASSESSEE IN ACCORDANCE WITH LAW. 2. IN THE FINAL RESULT BOTH THE APPEALS STAND ALLOWED FOR STATISTICAL PURPOSE. ITA NOS. 2400,2481/DEL/2016 HARGOVIND JAIN VS ITO 3 ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH OCTOBER, 2019. SD/- SD/- (O.P. KANT) (SUDHANSHU SRIVASTAVA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 18 .10.2019 VEENA COPY FORWARDED TO 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI