Sonia Kapoor, Delhi V. ITO Ward-3(4), Noida

ITA 4313/DEL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 5353 (ITAT-DELHI)
• Duration Of Justice: 7 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-01-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 05-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S L ANURAGI
• Assessee Lawyers: VIRENDER CHAUHAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER I.T.A. NO.4313/DEL/2018 ASSESSMENT YEAR: 2008-09 SONIA KAPOOR, C/O M/S. AVC & CO, CAS, 5/C, 2 ND FLOOR, OPP. LIERTY CINEMA, NEW ROHTAK ROAD, NEW DELHI. V. ITO, WARD-3(4), NOIDA. TAN/PAN: AFRPK 9664A (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI VIRENDER CHAUHAN, CA. RESPONDENT BY: SHRI S.L. ANURAGI, SR. D.R. DATE OF HEARING: 15 11 2018 DATE OF PRONOUNCEMENT: 28 01 2019 O R D E R THE AFORESAID APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE IMPUGNED ORDER DATED 31.01.2018 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)-I, NOIDA F OR THE QUANTUM OF ASSESSMENT PASSED U/S.143(3) OF THE IT ACT, FOR THE ASSESSMENT YEAR 2008-09. THE ASSESSEE IS MAINLY AGGRIEVED BY ORDER OF THE LD. CIT(A) WHICH H AS BEEN EX PARTE WITHOUT DECIDING THE ISSUES ON MERIT AND HAS ALSO CHALLENGED THE ADDITION OF RS.26,83,750/- ON ACCOUNT OF SHORT-TERM CAPITAL GAIN. 2. BEFORE US, LEARNED COUNSEL SUBMITTED THAT, HERE IN THIS CASE THE ASSESSEES CASE WAS REOPENED VIDE NOT ICE DATED 31.03.2015 ISSUED U/S.148, ON THE GROUND THAT ASSESSEE HAD RECEIVED BOGUS RECEIPT ON SALE OF SHAR ES. I.T.A. NO.4313/DEL/2018 2 DURING THE COURSE OF ASSESSMENT PROCEEDINGS, ASSESS EE HAS CATEGORICALLY DENIED ANY KIND OF SALE OF SHARES OF M/S. RUTRON INTERNATIONAL LTD. HOWEVER, THE ASSESSING OF FICER WITHOUT ANY MATERIAL ON RECORD TO REBUT ASSESSEES CATEGORICAL DENIAL, HAS ASSESSED SHORT-TERM CAPITAL GAINS IN THE HANDS OF THE ASSESSEE AND ALSO CHARGED THE INTEREST. 3. LD. CIT(A) HAS DECIDE THE APPEAL EX PARTE WITHOUT EVEN PROPER SERVICE OF NOTICE. ACCORDINGLY, HE SUBM ITTED THAT MATTER SHOULD BE RESTORED BACK TO THE FILE OF THE LD. CIT(A) TO BE DECIDED A FRESH. 4. ON THE OTHER HAND, LEARNED DEPARTMENT REPRESENTATIVE TOO ADMITTED THAT MATTER CAN BE REST ORED BACK TO THE FILE OF THE LD. CIT(A) FOR DECIDING THE ISSUES AFRESH. 5. IN VIEW OF THE FACT THAT LD. CIT(A) HAS DISMISSE D THE ASSESSEES APPEAL EX PARTE FOR WANT OF PROSECUTION, THEREFORE, IN THE INTEREST OF JUSTICE, I SET ASIDE THE IMPUGNED ORDER AND REMAND BACK THE ENTIRE ISSUES BA CK TO THE FILE OF THE LD. CIT(A), WHO SHALL DECIDE THE ISSUE AFRESH AFTER SERVING PROPER NOTICE OF HEARING, NOT ONLY THE VALIDITY OF REOPENING U/S.147/148 AND VALIDITY OF S ERVICE OF NOTICE BY ASSESSING OFFICER BUT ALSO ADDITION OF RS.26,83750/- ON ACCOUNT OF SHORT TERM CAPITAL GAIN ON MERITS AFTER CONSIDERING THE ASSESSEES CONTENTION. NEEDLESS TO SAY, THE LD. CIT(A) SHALL GIVE DUE AND EFFECTIVE OPPORTUNITY OF HEARING TO THE ASSESSEE TO REPRESENT HER CASE. I.T.A. NO.4313/DEL/2018 3 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 28 TH JANUARY, 2019. SD/- [AMIT SHUKLA] JUDICIAL MEMBER DATED: 28 TH JANUARY, 2019 PKK