Vinay Jain, New Delhi V. ACIT, New Delhi

ITA 2881/DEL/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 3370 (ITAT-DELHI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-08-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2010-2011
• Appeal Filed On: 09-05-2017
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES G , NEW DELHI BEFORE SH. AMIT SHUKLA , JUDICIAL MEMBER DR. B. R. R. KUMAR , ACCOUNTANT MEMBER ITA NO. 2881 /DEL/201 7 : ASSTT. YEAR : 2010 - 1 1 ITA NO. 2882/DEL/2017 : ASSTT. YEAR : 2012 - 13 VINAY JAIN, C/O AVJ BUSINESS CENTER, PLOT NO. C, COMMUNITY CENTRE, ANAND VIHAR, OPPOSITE YAMUNA SPORTS COMPLEX, NEW DELHI - 110092 VS ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE - 3(2), NEW DELHI (APPELLANT) (RESPONDENT) PAN NO. A BRPJ1666P ASSESSEE BY : NONE REVENUE BY : SH. N. K. BANSAL, SR. DR DATE OF HEAR ING: 27 . 08 .201 9 DATE OF PRONOUNCEMENT: 28 .08 .201 9 ORDER PER BENCH : THE PRESENT APPEAL S HAVE BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF THE L D. CIT(A) - 2 2 , NEW DELHI BOTH DATED 09.02 .201 7 . 2. NONE ATTENDED ON BEHALF OF THE ASSESSEE. 3. WE HAVE PERUSED THE RECORD S BEFORE US AND FIND THAT THE ASSESSING OFFICER HAD RESORTED TO ADDITION ON ACCOUNT OF ALTERATION AND RE - ESTIMATION OF GROSS PROFIT, ADDITION U/S 40(A)(IA) AND ADDITION U/S 68 OF THE ACT. ITA NO S. 2881 & 2882 /DEL /2017 VINJAY JAIN 2 4. THE LD. CIT (A) HAS DISMISSED THE APPEAL OF THE ASSESSEE ON THE G ROUNDS THAT THE APPELLANT HAS NOT ATTENDED THE HEARINGS ON SEVERAL OCCASIONS. THE LD. CIT (A) HAS DISMISSED THE APPEAL HOLDING THAT THE ASSESSEE HAS FAILED TO ESTABLISH THE CREDENTIALS. HOWEVER, HE HAS ALSO GIVEN TELESCOPING OF THE ADDITION U/S 68 OF THE A CT AGAINST THE GROSS PROFIT ESTIMATE. 5. SINCE, THE MATTERS HAVE NOT BEEN ADJUDICATED ON MERITS BY THE LD. CIT (A) FOLLOWING THE RATIO OF THE JUDGMENT OF HON BLE HIGH COURT OF MADRAS IN THE CASE OF SMT. RITHA SABAPATHY VS DCIT DATED 19.02. 2019 IN TAX CASE APPEAL NO.169 OF 2019 , WE HEREBY RESTORE THE MATTER TO THE FILE OF THE LD. CIT (A) TO ADJUDICATE ON MERITS. 6 . IN THE RESULT, THE APPEAL S OF THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSE. (ORDER PRO NOUNCED IN THE OPEN COURT ON 28 /0 8 /2019). SD/ - SD / - ( AMIT SHUKLA ) ( DR. B. R. R. KUMAR ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 28 /0 8 /2019 *SUBODH* COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(APPEALS) 5 . DR: ITAT ASSISTANT REGISTRAR