Sh. Shabbir Ahmed, Gurgaon V. ITO, Gurgaon

ITA 2985/DEL/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 97743 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 5 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-11-2015
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC 2
• Next Hearing Date: 19-10-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 15-05-2014
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: M K JAIN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC - 2 , NEW DELHI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER ITA NO. 2985 /DEL/201 4 AY: 20 0 9 - 10 SH. SHABBIR AHMED VS. ITO, WARD 1(1) PROP. M/S KHAN CONSTRUCTIONS GURGAON VILLAGE MALHALKA, TAURU, MEWAT GURGAON PAN: AHVPA 3918 M (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SANJAY KUMAR, ADV. RESPONDENT BY : SH. M K JAIN , SR.D.R. ORDER THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AGAINST THE ORDER DATED 24.3.2014 OF LD.CIT(A) - 2, FARIDABAD PERTAINING TO THE ASSESSMENT YEAR (A.Y .) 2009 - 10. 2. AFTER HEARING RIVAL CONTENTIONS, I FIND THAT THE LD.CIT, FARIDABAD HAS PASSED AN EX PARTE ORDER, AS THE ASSESSEE DID NOT COMPLY WITH THE NOTICES ISSUED. THE LD.COUNSEL FOR THE ASSESSEE DEMONSTRATED BEFORE ME , THAT HE WAS PREVENTED FROM SUFFICIENT CAUSE FROM APPEARING BEFORE THE FIRST APPELLATE AUTHORITY. UNDER THESE CIRCUMSTANCES I SET ASIDE THIS APPEAL TO THE FILE OF THE FIRST APPELLATE AUTHORITY FOR FRESH ADJUDICATION IN ACCORDANCE WITH LAW, ON THE GROUNDS OF PRINCIPLES OF NATURAL JUS TICE. 2.1. THE ASSESSEE SHALL APPEAR BEFORE THE LD.CIT(A) ON 8 TH DECEMBER, 2015 AND TAKE NOTICES AND THEREAFTER COOPERATE WITH HIM IN DISPOSAL OF THE APPEAL. ITA NO. 2985/DEL/2014 A.Y. 2009 - 10 SH.SHABBIR AHMED, GURGAON 2 3. IN THE RESULT THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 06 TH NOVEMBER ,2015. SD/ - (J.SUDHAKAR REDDY) ACCOUNTANT MEMBER DATED: THE 0 6 TH NOVEMBER , 2015 *MANGA COPY OF THE ORDER FORWARDED TO: 1. APPELLANT; 2.RESPONDENT; 3.CIT; 4.CIT(A); 5.DR; 6.GUARD FILE BY ORDER ASST. REGISTRAR