Anu Bathla, U S Nagar V. ITO, Ward-1(4), Rudrapur

ITA 4146/DEL/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 5375 (ITAT-DELHI)
• Duration Of Justice: 4 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-10-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 31-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR ANJULA JAIN
• Keywords: Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES SMC : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER ITA.NO.4146/DEL./2018 ASSESSMENT YEAR 2012-2013 SMT. ANU BATHLA, VILLAGE JAFRAPUR, RUDRAPUR DIST. U.S.NAGAR, UTTARAKHAND 263153 PAN ANJPB0029L C/O. MR. GAGAN KUMAR, N-117 LGF, PANCHSHEEL PARK, NEW DELHI 110 017. VS. THE INCOME TAX OFFICER, WARD-1(4), RUDRAPUR (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI AMIT KAUSHIK, ADVOCATE. FOR REVENUE : DR. ANJULA JAIN, SR. D.R. DATE OF HEARING : 18 . 1 0.2018 DATE OF PRONOUNCEMENT : 18 . 10 .2018 ORDER THIS APPEAL BY ASSESSEE HAS BEEN DIRECTED AGAINST THE ORDER OF THE LD. CIT(A), HALDWANI, DATED 07.10.2016, FOR THE A.Y. 2012-2013. 2. THE LD. CIT(A) NOTED IN THE IMPUGNED ORDER THAT SEVERAL NOTICES WERE ISSUED TO THE ASSESSEE FOR HEARING OF THE 2 ITA.NO.4146/DEL./2018 SMT. ANU BATHLA, RUDRAPUR, DIST. U.S. NAGAR, UTTARAKHAND. APPEAL. HOWEVER, ASSESSEE DID NOT COMPLY WITH THE SAME. THE LD. CIT(A), THEREFORE, NOTED THAT ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL. THEREFORE, APPEAL OF ASSESSEE WAS DISMISSED FOR DEFAULT. 3. AFTER HEARING LEARNED REPRESENTATIVES OF BOTH THE PARTIES, I AM OF THE VIEW THAT THE MATTER REQUIRES RECONSIDERATION AT THE LEVEL OF THE LD. CIT(A). ACCORDING TO SECTION 250(6) OF THE I.T. ACT, 1961, THE LD. CIT(A) IS REQUIRED TO MENTION POINT FOR DETERMINATION AND REASONS FOR DECISION IN HIS APPELLATE ORDER. EVEN IF THE ASSESSEE DID NOT APPEAR BEFORE LD. CIT(A), THE LD. CIT(A) SHOULD HAVE TO DECIDE THE APPEAL ON MERITS GIVING REASONS FOR DECISION IN THE APPELLATE ORDER. HOWEVER, THE LD. CIT(A) SIMPLY DISMISSED THE APPEAL OF ASSESSEE FOR NON-PROSECUTION. THEREFORE, THE ORDER CANNOT BE SUSTAINED IN LAW. I, ACCORDINGLY, SET ASIDE THE IMPUGNED ORDER OF LD. CIT(A), HALDWANI AND RESTORE THE APPEAL OF ASSESSEE TO HIS FILE 3 ITA.NO.4146/DEL./2018 SMT. ANU BATHLA, RUDRAPUR, DIST. U.S. NAGAR, UTTARAKHAND. WITH A DIRECTION TO RE-DECIDE THE APPEAL OF ASSESSEE IN ACCORDANCE WITH LAW, GIVING REASONS FOR DECISION IN THE APPELLATE ORDER BY GIVING REASONABLE AND SUFFICIENT OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. 4. IN THE RESULT, APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT. SD/- (BHAVNESH SAINI) JUDICIAL MEMBER DATED 18 TH OCTOBER, 2018 VBP/- COPY TO 1. THE APP ELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT SMC BENCH, DELHI 6. GUARD FILE. // BY ORDER // ASSISTANT REGISTRAR : ITAT DELHI BENCHES : DELHI.