M/s. S.K. Industries, New Delhi V. DCIT, New Delhi

ITA 3080/DEL/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 6431 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 7 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-12-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC 2
• Next Hearing Date: 20-12-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 19-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B RAMANJANEYULU
• Section: 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : SMC-II : NEW DELHI BEFORE SHRI R.S. SYAL, ACCOUNTANT MEMBER ITA NO.3080/DEL/2014 ASSESSMENT YEAR : 2006-07 S.K. INDUSTRIES, 11/2A, PUSA ROAD, NEW DELHI. PAN : AAUFS2576B VS. DCIT, CIRCLE-8(1), NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI MUKESH GUPTA, CA RESPONDENT BY: SHRI B. RAMANJANEYULU, SR. DR DATE OF HEARING : 20.12.2016 DATE OF PRONOUNCEMENT: 21.12.2016 ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) ON 03.04.2014 IN RELATION TO ASSESSMENT YEAR 2006-07. 2. THIS IS A RECALLED MATTER INASMUCH AS THE EAR LIER EX PARTE ORDER PASSED BY THE TRIBUNAL WAS SUBSEQUENTLY RECALLED ON 14.10. 2006. ITA NO.3080/DEL/2014 2 3. I HAVE HEARD BOTH THE SIDES AND PERUSED THE RELE VANT MATERIAL ON RECORD. THE LD. AR ARGUED THAT THE AO, VIDE HIS OR DER U/S 154, WHICH BECAME THE SUBJECT MATTER OF THE IMPUGNED ORDER, MA DE DISALLOWANCE OF LOSS IN SALE OF CAR AMOUNTING TO RS.6,00,347/- AND OF EMPLOYEES CONTRIBUTED FUND DEPOSITED AFTER THE DUE DATE AMOUNTING TO RS.3 ,61,911/-. IT WAS CONTENDED THAT THE AO DID NOT PROVIDE ADEQUATE OPPO RTUNITY INASMUCH AS NOTICE U/S 154 WAS ISSUED ON 20.3.2013 FIXING THE C ASE FOR HEARING ON 25.3.2013 AND ON THE SAME DATE ITSELF, THE ORDER WA S PASSED. THE LD. AR CONTENDED THAT THE ASSESSEE COULD NOT ADDUCE NECESS ARY EVIDENCE IN SUPPORT OF ITS CONTENTION. THE CONTENTION OF THE LD. AR IS BORNE OUT FROM THE DATES GIVEN IN THE ORDER PASSED U/S 154 OF THE ACT. WITH OUT GOING INTO THE MERITS OF THE DISALLOWANCES MADE, I AM OF THE CONSIDERED O PINION THAT THE ENDS OF JUSTICE WOULD MEET ADEQUATELY IF THE IMPUGNED ORDER IS SET ASIDE AND THE MATTER IS RESTORED TO THE FILE OF AO. I ORDER ACCO RDINGLY AND DIRECT THE AO TO PASS ORDER U/S 154 OF THE ACT, AFTER GIVING DUE OPPORTUNITY OF HEARING TO THE ASSESSEE. ITA NO.3080/DEL/2014 3 4. IN THE RESULT, THE APPEAL FILED BY THE ASSE SSEE IS ALLOWED FOR STATISTICAL PURPOSES. THE DECISION WAS PRONOUNCED IN THE OPEN COURT ON 2 1 ST DECEMBER, 2016. SD/- (R.S. SYAL) ACCOUNTANT MEMBER DATED: 21 ST DECEMBER, 2016. DK COPY FORWARDED TO 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR DY. REGISTRAR, ITAT, NEW DELHI