SATBIR, GURGAON V. ITO, WARD- 4(1), GURGAON

ITA 3092/DEL/2018

• Counselvise Citation: [2018] 122 COUNSELVISE.COM (IT) 2633 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 8 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: 02-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D S RAWAT
• Assessee Lawyers: AJEET
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC, NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER ITA NO.3092/DEL/2018 ASSESSMENT YEAR : 2014-15 SATBIR, BICHLA MOHALLA, BOHRA CHOWK, VPO, MANESAR, GURGAON. VS. ITO, WARD- 4(1), GURGAON. PAN : DIYPS4958E (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI AJEET, 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 15.01.2018 OF THE CIT(A)- I, GURGAON RELATING TO AS SESSMENT YEAR 2014-15. 2. THE ASSESSEE, IN THE GROUNDS OF APPEAL, HAS CHAL LENGED THE ORDER OF THE LD. CIT(A) IN CONFIRMING THE VARIOUS ADDITIONS MADE BY THE ASSESSING OFFICER IN THE EX-PARTE ORDER PASSED BY HIM. 3. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS AN INDIVIDUAL AND DERIVES INTEREST INCOME FROM BANK. HE FILED HIS RETURN OF INCOME ON 29.10.2014 DECLARING AN INCOME OF RS.73,900/-. THE ASSESSING OFFICER COMPLETED THE ASSESSMENT U/S 143(3) ON 04.10.2016 D ETERMINING THE TOTAL INCOME AT RS.22,80,931/- WHEREIN HE MADE ADDITION O F RS.18,65,926/- ON ACCOUNT OF INTEREST INCOME RECEIVED ON ENHANCED COM PENSATION OF RS.3,41,105/- ON ACCOUNT INTEREST FROM BANK AND FDRS. SINCE NONE APPEARED ON BEHALF OF THE ASSESSEE, THE LD. CIT(A) DISMISSED THE APPEAL FILED BY THE ASSESSEE FOR WANT OF PROSECUTION AS WELL AS DELAY IN FILING OF THE APPEA L BY 21 DAYS. HE SUBMITTED 2 ITA NO.3092/DEL/2018 THAT IN THE INTEREST OF JUSTICE, THE ASSESSEE SHOUL D BE GIVEN AN OPPORTUNITY TO SUBSTANTIATE HIS CASE. 4. THE LD. DR ON THE OTHER HAND OPPOSED THE REQUEST OF THE LD. COUNSEL FOR THE ASSESSEE FOR SETTING-ASIDE THE MATTER TO THE LD . CIT(A) FOR FRESH ADJUDICATION. 5. AFTER CONSIDERING THE TOTALITY OF THE FACTS OF T HE CASE AND IN THE INTEREST OF JUSTICE, I DEEM IT PROPER TO RESTORE THE ISSUE TO T HE FILE OF THE LD. CIT(A) WITH THE DIRECTION TO GIVE ONE FINAL OPPORTUNITY TO THE ASSE SSEE TO SUBSTANTIATE HIS CASE. THE ASSESSEE IS ALSO HEREBY DIRECTED TO APPEAR BEFO RE THE LD. CIT(A) WITHOUT SEEKING ANY ADJOURNMENT UNDER ANY PRETEXT FAILING W HICH THE LD. CIT(A) IS AT LIBERTY TO PASS APPROPRIATE ORDER AS PER LAW. 6. 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