M/s Ashun Impex Pvt. Ltd., Gurgaon V. ITO, Gurgaon

ITA 3444/DEL/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 3185 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 8 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-03-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 15-06-2017
• Assessment Year: 2005-2006
• Appeal Filed On: 10-06-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V K JIWANI
• Assessee Lawyers: ABHISHEK MATHURA
• Section: 131

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: SMC, NEW DELHI BEFORE SHRI H. S. SIDHU, JUDICIAL MEMBER I.T.A. NO. 3444/DEL/2016 ASSESSMENT YEAR: 2005-06 M/S ASHUN IMPEX PVT. LTD. VS. ITO, WARD 1(1), SHED NO. 14-C, UDYOG VIHAR GURGAON PHASE-V, GURGAON, HARYANA 122016 (PAN: AAFCA2858L) (ASSESSEE) (RESPONDENT) A SSESSEE BY : SH. ABHISHEK MATHURA, ADV. REVENUE BY : SH. V.K. JIWANI, SR. DR ORDER THIS APPEAL IS FILED BY ASSESSEE AGAINST THE ORDER DATED 23.3.2016 PASSED BY THE LD. CIT(A)-1, GURGAON RELATING TO AS SESSMENT YEAR 2005- 06. 2. FACTS NARRATED BY THE REVENUE AUTHORITIES ARE NO T DISPUTED BY THE PARTIES, HENCE, THE SAME ARE NOT REPRODUCED HERE F OR THE SAKE OF BREVITY. 3. AT THE TIME OF HEARING, LD. COUNSEL OF THE ASSES SEE STATED THAT ASSESSEE HAS FILED ALL THE RELEVANT EVIDENCES BEFOR E THE AO AS WELL AS LD. CIT(A) IN SPITE OF THE SAME THE REVENUE HAS DECIDED THE ISSUE AGAINST THE ASSESSEE AND MADE THE ADDITION IN DISPUTE. HE HAS ALSO FILED 02 PAPER BOOKS IN WHICH HE HAS ATTACHED VARIOUS DOCUM ENTARY EVIDENCES AS WELL AS THE CASE LAWS ON THE ISSUE IN DISPUTE IN FAVOUR OF THE ASSESSEE. HE STATED THAT REVENUE AUTHORITIES HAVE NOT PROPERL Y APPRECIATED THE 2 EVIDENCES FILED BY THE ASSESEE AND DECIDE THE ISSUE IN DISPUTE AGAINST THE ASSESSEE. 3.1 ON THE CONTRARY, LD. DR STATED THAT THE AO HA S ISSUED THE NOTICE U/S. 131 OF THE ACT TO THE DIRECTOR OF M/S HILL RI DGE INVESTMENT LTD. WHICH REMAINED UN-COMPLIED. HE FURTHER STATED THAT ASSESSEE HAS NOT PRODUCED THE DIRECTOR / PRINCIPAL OFFICER OF THE CO MPANY OF M/S HILL RIDGE INVESTMENT LTD. ALONGWITH THEIR BOOKS OF ACCOUNTS A ND BANK STATEMENTS WHICH ALSO REMAINED UN-COMPLIED. LD. DR STATED THA T ORDER PASSED BY THE REVENUE AUTHORITIES ARE AS PER LAW. IN REPLY TO TH E ARGUMENTS ADVANCED BY THE LD. DR, LD. COUNSEL OF THE ASSESSEE UNDERTAK ES THAT HE IS READY TO PRODUCE THE DIRECTOR OF M/S HILL RIDGE INVESTMENT L TD. BEFORE THE AO IF THE MATTER MAY BE SET ASIDE TO THE AO. 4. KEEPING IN VIEW OF THE FACTS AND CIRCUMSTANCES O F THE PRESENT CASE AS WELL AS ARGUMENTS ADVANCED BY THE PARTIES, ESPEC IALLY FOR PRODUCTION OF DIRECTOR OF M/S HILL RIDGE INVESTMENT LTD. BY THE L D. COUNSEL OF THE ASSESSEE, I AM OF THE VIEW THAT IN THE INTEREST OF JUSTICE, ONE MORE CHANCE SHOULD BE GIVEN TO THE ASSESSEE TO PRODUCE THE DIRE CTOR OF M/S HILL RIDGE INVESTMENT LTD. BEFORE THE AO FOR CORROBORATING ON THE ISSUE IN DISPUTE. THEREFORE, THE ASSESSEE THROUGH HIS COUNSEL IS DIRE CTED TO PRODUCE THE DIRECTOR BEFORE THE ASSESSING OFFICER ON 09.05.2018 AT 11.00 AM AND AO IS DIRECTED TO DECIDE THE ISSUE IN DISPUTE AFRES H, AS PER LAW, AFTER EXAMINING THE DIRECTOR OF THE COMPANY ON THE ISSUE IN DISPUTE, AS PER LAW. WITH THIS OBSERVATION, THE APPEAL OF THE ASSES SEE IS ALLOWED FOR STATISTICAL PURPOSES. 3 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE STANDS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON 01/03/2018. SD/- [H.S. SIDHU] JUDICIAL MEMBER DATE 01/03/2018 SRBHATNAGAR COPY FORWARDED TO: - 1. APPELLANT - 2. RESPONDENT - 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR, ITAT, DELHI BENCHES