V.P. Infants Goods Pvt. Ltd., Noida V. ITO, Ward- 2(5), Noida

ITA 2901/DEL/2018

• Counselvise Citation: [2018] 122 COUNSELVISE.COM (IT) 2632 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-10-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 24-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D S RAWAT
• Assessee Lawyers: SHILPA GUPTA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC, NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER ITA NO.2901/DEL/2018 ASSESSMENT YEAR : 2014-15 V. P. INFANTS GOODS PVT. LTD., C/O. RRA TAXINDIA, D-28, SOUTH EXTENSION, PART-1, NEW DELHI. VS. ITO, WARD- 2(5), NOIDA, UTTAR PRADESH. PAN : AACCV4090Q (APPELLANT) (RESPONDENT) ASSESSEE BY : MS. SHILPA GUPTA, ADV. DEPARTMENT BY : SHRI D. S. RAWAT, SR. DR DATE OF HEARING : 10-10-2018 DATE OF PRONOUNCEMENT : 10-10-2018 O R D E R PER R. K. PANDA, AM : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 31.01.2018 OF THE CIT(A)- 1, NOIDA RELATING TO ASSE SSMENT YEAR 2014-15. 2. THE ASSESSEE, IN ITS VARIOUS GROUNDS OF APPEAL, HAS CHALLENGED THE ORDER OF THE LD. CIT(A) IN DISMISSING THE APPEAL FILED BY TH E ASSESSEE FOR WANT OF PROSECUTION. 3. AFTER HEARING BOTH THE SIDES, I FIND THE ASSESSE E IN THE INSTANT CASE FILED ITS RETURN OF INCOME ON 30.03.2015 DECLARING TOTAL INCO ME OF RS.5,31,420/-. THE ASSESSING OFFICER COMPLETED THE ASSESSMENT U/S 143( 3) ON 28.12.2016 DETERMINING THE TOTAL INCOME AT RS.34,04,024/- WHER EIN HE MADE ADDITION OF RS.28,72,604/- BY ESTIMATING THE PROFIT AT THE RATE OF 8% OF THE GROSS RECEIPT. 2 ITA NO.2901/DEL/2018 SINCE NONE APPEARED ON BEHALF OF THE ASSESSEE, THE LD. CIT(A) IN HIS EX-PARTE ORDER PASSED BY HIM DISMISSED THE APPEAL FOR WANT O F PROSECUTION. I FIND THE LD. CIT(A) HAS NOT DECIDED THE ISSUE ON MERIT. CONSIDE RING THE TOTALITY OF THE FACTS OF THE CASE AND IN THE INTEREST OF JUSTICE, I DEEM IT PROPER TO RESTORE THE ISSUE TO THE FILE OF THE LD. CIT(A) WITH THE DIRECTION TO GI VE ONE FINAL OPPORTUNITY TO THE ASSESSEE TO SUBSTANTIATE ITS CASE. THE ASSESSEE IS ALSO HEREBY DIRECTED TO APPEAR BEFORE THE LD. CIT(A) WITHOUT SEEKING ANY ADJOURNME NT UNDER ANY PRETEXT FAILING WHICH THE LD. CIT(A) IS AT LIBERTY TO PASS APPROPRIATE ORDER AS PER LAW. I HOLD AND DIRECT ACCORDINGLY. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF I.E. ON THIS 10 TH OCTOBER, 2018. SD/- (R. K. PANDA) ACCOUNTANT MEMBER DATED: 10-10-2018. SUJEET COPY OF ORDER TO: - 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT 4) THE CIT(A) 5) THE DR, I.T.A.T., NEW DELHI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, NEW DELHI