M/s VRL Retailer Business Solutions Pvt. Ltd., Faridabad V. DCIT, New Delhi

ITA 2554/DEL/2016

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 1941 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 3 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-09-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC 2
• Next Hearing Date: 26-09-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 06-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NAINA SOIN KAPIL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : D : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER ITA NO.2554/DEL/2016 ASSESSMENT YEAR: 2010-11 VRL RETAILER BUSINESS SOLUTIONS PVT. LTD., C/O AAJV AND ASSOCIATES, SCO-7, FF, 5R/1, NEAR HDFC BANK, BK CHOWK, FARIDABAD. PAN: AACCV8364P VS DCIT, CIRCLE 17(1), NEW DELHI. (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : SMT. NAINA SOIN KAPIL, SR. DR DATE OF HEARING : 04.09.2019 DATE OF PRONOUNCEMENT : 04.09.2019 ORDER PER R.K. PANDA, AM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 24 TH OCTOBER, 2014 OF THE CIT(A)-19, NEW DELHI, RELATING TO ASSES SMENT YEAR 2010-11. 2. THE ASSESSEE IN ITS VARIOUS GROUNDS OF APPEAL HA S CHALLENGED THE EX PARTE ORDER OF THE CIT(A) CONFIRMING THE ORDER OF THE ASSESSING OFFICER DETERMINING THE TOTAL INCOME OF THE ASSESSEE AT RS.48,58,091/- AS AGAINST THE RETURNED LOSS OF RS.2,56,61,303/- ITA NO.2554/DEL/2016 2 3. NONE APPEARED ON BEHALF OF THE ASSESSEE DESPITE SERVICE OF NOTICE. SINCE THERE WAS ALSO NON-APPEARANCE BEFORE THE CIT(A), THEREFOR E, THIS APPEAL WAS TAKEN UP FOR HEARING ON THE BASIS OF THE MATERIAL AVAILABLE ON R ECORD AND AFTER HEARING THE LD. DR. 4. FACTS OF THE CASE, IN BRIEF, ARE THAT THE ASSESS EE IS ENGAGED IN PROVIDING ADVISORY AND CONSULTANCY SERVICES TO FINANCIAL INTERMEDIARIE S, BROKERS AND INSURERS, FUND MANAGERS, RISK MANAGERS IN THE AREAS INCLUDING WITH OUT LIMITATION CUSTOMER RELATIONSHIP MANAGEMENT, INTERNATIONAL AND DOMESTIC MARKETS, RECORD MAINTENANCE, PRODUCT SELECTION AND DESIGN, MARKETING AND PROMOTI ONS, CUSTOMER PROMOTIONAL SCHEMES AND CHANNEL MANAGEMENT. IT FILED ITS RETURN OF INCOME ON 13 TH OCTOBER, 2010 DECLARING A LOSS OF RS.2,56,61,303/-. DURING THE C OURSE OF ASSESSMENT PROCEEDINGS, THE ASSESSING OFFICER COMPLETED THE ASSESSMENT AT A TOT AL INCOME OF RS.48,58,091/- MAKING VARIOUS ADDITIONS. SINCE NONE APPEARED BEFO RE THE CIT(A), THE CIT(A), IN THE EX PARTE ORDER PASSED BY HIM, SUSTAINED THE VARIOUS ADDITIONS MADE BY THE ASSESSING OFFICER. 5. AGGRIEVED WITH SUCH ORDER OF THE CIT(A), THE ASS ESSEE IS IN APPEAL BEFORE THE TRIBUNAL. IT IS PERTINENT TO MENTION HERE THAT THE LD.CIT(A) HAS DECIDED THE ISSUE ON MERIT. 6. WE HAVE CONSIDERED THE ARGUMENTS ADVANCED BY THE LD. DR AND PERUSED THE ORDERS OF THE ASSESSING OFFICER AND CIT(A). IT IS AN ADMITTED FACT THAT DESPITE NUMBER OF OPPORTUNITIES GRANTED BY THE CIT(A), THERE WAS N ON-APPEARANCE BEFORE HIM FOR WHICH HE WAS CONSTRAINED TO PASS AN EX PARTE ORDER SUSTAINING THE VARIOUS ADDITIONS ITA NO.2554/DEL/2016 3 MADE BY THE ASSESSING OFFICER. CONSIDERING THE TOTA LITY OF THE FACTS OF THE CASE AND IN THE INTEREST OF JUSTICE, WE DEEM IT PROPER TO RESTO RE THIS MATTER TO THE FILE OF THE CIT(A) WITH A DIRECTION TO GRANT ONE FINAL OPPORTUNITY TO THE ASSESSEE TO SUBSTANTIATE ITS CASE AND DECIDE THE ISSUE AS PER FACT AND LAW. THE ASSE SSEE IS ALSO HEREBY DIRECTED TO APPEAR BEFORE THE CIT(A) WITHOUT SEEKING ANY ADJOURNMENT U NDER ANY PRETEXT AND SUBSTANTIATE ITS CASE, FAILING WHICH THE LD.CIT(A) IS AT LIBERTY TO PASS APPROPRIATE ORDER AS PER LAW. WE HOLD AND DIRECT ACCORDINGLY. THE GROUNDS RAISED BY THE ASSESSEE ARE ACCORDINGLY ALLOWED FOR STATISTICAL PURPOSES. 7. IN THE RESULT, THE APPEAL FILED BY THE ASS ESSEE IS ALLOWED FOR STATISTICAL PURPOSES. THE DECISION WAS PRONOUNCED IN THE OPEN COURT ON 0 4.09.2019. SD/- SD/- (KULDIP SINGH) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 04 TH SEPTEMBER, 2019 DK COPY FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASSTT. REGISTRAR, ITAT, NEW DELHI