Ms. Kajal Kalra, Saharanpur V. ITO, Saharanpur

ITA 2970/DEL/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 6735 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 2 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-07-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC 1
• Next Hearing Date: 28-07-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 13-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANIMA BARNWAL
• Keywords: Opportunity of being heard
• Section: 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SM C - 1 , NEW DELHI BEFORE SH. N. K. SAINI, A CCOUNTANT M EMBER ITA NO. 2970/DEL/2014 : ASSTT. YEAR : 2009 - 10 KAJAL KALRA, W/O - SH. SACHIN KALRA, B - 61, NEAR DR. IND RA BHARGAVA, GILL COLONY, SAHARANPUR - 247001 VS INCOME TAX OFFICER, WARD - 2, SAHARANPUR (APPELLANT) (RESPONDENT) PAN NO. A ZBPK2493H ASSESSEE BY : NONE REVENUE BY : MS. ANIMA BARNWAL , SR. DR DATE OF HEARING : 28 .07 .201 6 DATE OF PRO NOUNCEMENT : 29 .07 .201 6 ORDER THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDER DATED 31.12.2013 OF LD. CIT(A), MUZAFFARNAGAR . 2 . AT THE TIME OF HEARING NOBODY WAS PRESENT ON BEHALF OF THE ASSESSEE NEITHER ANY ADJOURNMENT WAS SO UGHT. THEREFORE, THE APPEAL HAS BEEN DISPOSED OFF AFTER HEARING THE LD. SENIOR DR ON MERIT. THE ONLY GRIEVANCE OF THE ASSESSEE IN THIS APPEAL RELATES TO THE CONFIRMATION OF THE PENALTY LEVIED BY THE AO U/S 271(1)(C) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT). ITA NO . 2970 /DEL /201 4 KAJAL KALRA 2 3 . FACTS OF THE CASE IN BRIEF ARE THAT THE ASSESSEE FILED THE RETURN OF INCOME ON 22.01.2010 DECLARING AN INCOME OF RS.1,84,340/ - . LATER ON, THE AO REOPENED THE ASSESSMENT BY ISSUING THE NOTICE U/S 148 OF THE ACT DATED 14.06.2011 , ON THE BASIS THAT THE ASSESSEE HAD NOT SHOWN LONG TERM CAPITAL GAIN. IN RESPONSE, THE ASSESSEE FILED THE RETURN OF INCOME ON 08.09.2011 SHOWING NET TOTAL INCOME OF RS.1,20,710/ - BESIDES LONG TERM CAPITAL GAIN OF RS.1,89,739/ - . HOWEVER, THE ASSESSMENT WAS FRAMED BY THE AO AT AN INCOME OF RS.3,16,450/ - INCLUDING LONG TERM CAPITAL GAIN OF RS.1,58,714/ - . THE AO ALSO INITIATED THE PENALTY PROCEEDINGS U/S 271(1)(C) OF THE ACT. THE AO LEVIED THE PENALTY UNDER THE SAID SECTION BY OBSERVING THAT THE ASSESSEE HAD N OT SHOWN LONG TERM CAPITAL GAIN OF RS.1,85,740/ - IN THE ORIGINAL RETURN OF INCOME WHICH WAS DELIBERATELY CONCEALED. ACCORDINGLY, PENALTY OF RS.26,100/ - WAS LEVIED U/S 271(1)(C) OF THE ACT. 4 . BEING AGGRIEVED THE ASSESSEE CARRIED THE MATTER TO THE LD. CIT (A) WHO SUSTAINED THE PENALTY BY PASSING AN EX - PARTE ORDER. THE LD. CIT(A) OBSERVED IN THE IMPUGNED ORDER THAT IN COMPLIANCE TO THE NOTICES ISSUED U/S 250 OF THE ACT, THE ASSESSEE FILED APPLICATION FOR ADJOURNMENTS. HOWEVER, IT WAS NOT MENTIONED THAT THOSE APPLICATIONS FILED BY THE ASSESSEE WERE REJECTED. IT IS ALSO NOT CLEAR AS TO WHETHER THE NOTICE FOR HEARING WAS SERVED UPON THE ASSESSEE. I, THEREFORE, DEEM IT APPROPRIATE TO SET ASIDE THIS ISSUE BACK TO THE FILE OF THE LD. CIT(A) TO BE ADJUDICATED AFRESH IN ACCORDANCE WITH LAW AFTER PROVIDING DUE AND REASONABLE ITA NO . 2970 /DEL /201 4 KAJAL KALRA 3 OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. T HE ASSESSEE IS ALSO DIRECTED TO COOPERATE AND NOT TO SEEK UNDUE AND UNWARRANTED ADJOURNMENTS. 5 . IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS AL LOWED FOR STATISTICAL PURPOSES . (ORDER PRONOUNCED IN THE COURT ON 29 /07 /2016 ) SD/ - (N. K. SAINI) ACCOUN TANT MEMBER DAT ED: 29 /07 /2016 *SUBODH* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR