Shri Rakeshbhai Karsanbhai Patel, Ahmedabad V. The Jt.CIT (OSD),Circle-5 Now Dy. CIT, Circle-3(1)(1), Ahmedabad

ITA 404/AHD/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 6018 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-03-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2009-2010
• Appeal Filed On: 22-02-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ALBINUS TIKEY
• Assessee Lawyers: H C SHAH

Judgement Text

, - IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH A BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER ./ ITA NO.404 AND 405/AHD/2016 / ASSTT. YEAR: 2009-2010 AND 2010-11 SHRI RAKESHBHAI KARSANBHAI PATEL NIRMA HOUSE ASHRAM ROAD AHMEDABAD 380 009. PAN : AGGPP 2910 C VS. DCIT, CIR.3(1)(1) AHMEDABAD. / (APPELLANT) / (RESPONDENT) ASSESSEE BY : SHRI H.C. SHAH, AR REVENUE BY : SHRI ALBINUS TIKEY, SR.DR ! / DATE OF HEARING : 21/02/2018 '#$ ! / DATE OF PRONOUNCEMENT: 01 /03/2018 %& / O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER: PRESENT TWO APPEALS ARE DIRECTED AT THE INSTANCE OF THE ASSESSEE AGAINST ORDERS OF THE LD.CIT(A)-7 DATED 23 .11.2015 PASSED FOR THE ASSTT.YEAR 2009-10 AND 2010-11 ON RE SPECTIVE APPEALS OF THE ASSESSEE. 2. WITH THE ASSISTANCE OF THE LD.REPRESENTATIVES, W E HAVE GONE THROUGH THE RECORD CAREFULLY. IT EMERGES OUT FROM THE RECORD THAT THE LD.CIT(A) LISTED APPEALS ON 15 OCCASIONS ON O NE OF THE ITA NO.404 AND 405/AHD/2016 2 OCCASIONS, THE ASSESSEE HAS FILED WRITTEN SUBMISSIO NS, AND THEREAFTER SOUGHT TIME FOR ONE OR OTHER REASONS. T HE LD.CIT(A) HAS DISMISSED THE APPEALS EX PARTE. 3. THERE IS NO DISPUTE THAT THE LD.CIT(A) HAS ISSUE D NOTICES TIME AND AGAIN AND IT WAS THE ASSESSEE WHO FAILED TO APP EAR BEFORE THE LD.FIRST APPELLATE AUTHORITY. THE LD.CIT(A)HAS CO NFIRMED DISALLOWANCE OF LONG TERM CAPITAL LOSS ON SALE OF S HARES OF RS.95,74,720/- IN THE ASSTT.YEAR 2009-10 AND RS.24, 22,030/- IN THE ASSTT.YEAR 2010-11. SIMILARLY, IN THE ASSTT.YE AR 2009-10 ON DISALLOWANCE OF SHORT TERM CAPITAL LOSS ON SALE OF LAND OF RS.1,47,250/-. 4. SUB-SECTION (6) OF SECTION 250 CONTEMPLATES THAT THE LD.CIT(A) WOULD DETERMINE POINT IN DISPUTE, AND THE REAFTER RECORD REASONS ON SUCH POINT IN SUPPORT OF HER CONCLUSION. A PERUSAL OF THE IMPUGNED ORDER WOULD INDICATE THAT THE LD.CIT(A ) HAS FAILED TO DETERMINE THOSE POINTS AND RECORD DETAILED FINDING. IN SUMMARY MANNER, THE LD.CIT(A) CONCURRED WITH THE AO. CONSI DERING THIS ASPECT AND IN THE INTEREST OF JUSTICE, WE DEEM IT A PPROPRIATE TO SET ASIDE ORDERS OF THE LD.CIT(A) IN BOTH YEARS AND RES TORE ALL THESE ISSUES FOR FRESH ADJUDICATION. IT IS PERTINENT TO OBSERVE THAT ON RECEIPT OF THIS ORDER, THE ASSESSEE WOULD FILE AN APPLICATION WITHIN TWO MONTH S BEFORE THE LD.CIT(A) FOR TAKING UP THE APPEALS FOR HEARING. T HIS WILL AVOID CONTINUOUS LAPSE AT THE END OF THE ASSESSEE ON ONE OR OTHER EXCUSES. IN OTHER WORDS, THE ASSESSEE SHOULD PROSE CUTE HIS INCOME TAX PROCEEDINGS APPROPRIATELY BEFORE THE LD. CIT(A). WITH ITA NO.404 AND 405/AHD/2016 3 THE ABOVE OBSERVATIONS, THESE APPEALS ARE ALLOWED F OR STATISTICAL PURPOSE. 5. IN THE RESULT, BOTH APPEALS OF THE ASSESSEE ARE ALLOWED. ORDER PRONOUNCED IN THE COURT ON 1 ST MARCH, 2018. SD/- SD/- (N.K. BILLAIYA) ACCOUNTANT MEMBER (RAJPAL YADAV) JUDICIAL MEMBER