Nishu Agrico Ltd., New Delhi V. ITO, Ward- 18(3), New Delhi

ITA 4571/DEL/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 3585 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 3 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-10-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2013-2014
• Appeal Filed On: 19-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PARAMITA M BISWAS
• Keywords: Opportunity of being heard
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH E, NEW DELHI BEFORE SH. N. K. BILLAIYA, ACCOUNTANT MEMBER AND SH. AMIT SHUKLA, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCING) ITA NO.4571/DEL/2018 ASSESSMENT YEAR: 2013-14 NISHU AGRICO LTD. H-23A, OFFICE NO.201, KAMAL TOWER, VIJAY CHOWK, LAXMI NAGAR, NEW DELHI PAN NO. AAACN3115G VS ITO WARD- 18 (3) NEW DELHI (APPELLANT) (RESPONDENT) APPELLANT BY NONE RESPONDENT BY MS. PARAMITA M. BISWAS, CIT DR DATE OF HEARING: 12/10/2021 DATE OF PRONOUNCEMENT: 12/10/2021 ORDER PER N. K. BILLAIYA, AM: 1. THIS APPEAL BY THE ASSESSEE IS DIRECTED TOWARDS THE ORDER OF THE CIT(A)-6, DELHI DATED 09.08.2016 PERTA INING TO A.Y. 2013-14 2. THE GRIEVANCE OF THE ASSESSEE READ AS UNDER :- 2 1. ACTION OF COMMISSIONER OF INCOME TAX APPEA L- 7 IN PASSING EX-PARTE ORDER WITHOUT GIVING OPPORTUNITY OF BEING HEARD IS UNJUST, ILLEGAL ARBITRARY AND AGAINST THE FACTS AND CIRCUMS TANCES OF THE CASE. 2. ACTION OF THE CITA IN CONFIRMING THE ADDITION MA DE BY THE ITO IN MAKING DISALLOWANCES OF 20% OF TOTAL PURCHASE( 2 0% OF PURCHASE OF RS 14,69,54,4852/- I.E 29,39,08,970/- ) WITHOUT CONSIDERING THE MATERIAL ON RECORD IS UNJUST, ILLEGAL ARBITRARY AND AGAINST THE FACTS AND CIRCUMSTANCES OF THE CASE. 3. ACTION OF THE CITA IN CONFIRMING THE ADDITION MA DE BY THE ITO U/S 68 OF I T ACT ON SUNDRY CREDITORS AMOUNTING TO RS.46,60,66,649/- IS UNJUST, ILLEGAL ARBITRARY AND AGAINST THE FACTS AND CIRCUMSTANCES OF THE CASE. 3. NONE ATTENDED ON BEHALF OF THE ASSESSEE. 4. THE DR WAS HEARD AT LENGTH. CASE RECORD ACCORDIN GLY PERUSED. 5. A PERUSAL OF THE ORDER OF THE CIT(A) SHOW THAT T HE ORDER HAS BEEN FRAMED EXPARTE THOUGH THERE IS REFERENCE T O THE ISSUE OF NOTICE BUT WE FIND THAT THE FIRST APPELLAT E AUTHORITY HAS NOT GIVEN ANY INDEPENDENT FINDINGS WHILE CONFIR MING THE DISALLOWANCE / ADDITIONS MADE BY THE AO. 6. IN THE INTEREST OF JUSTICE AND FAIR PLAY WE REST ORE THIS APPEAL TO THE FILES OF THE CIT(A). THE CIT(A) IS DI RECTED TO DECIDE THE ISSUE AFRESH CONSIDERING THE MERITS OF T HE CASE AND 3 AFTER GIVING A REASONABLE AND SUFFICIENT OPPORTUNIT Y OF BEING HEARD TO THE ASSESSEE. 7. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. 8. DECISION ANNOUNCED IN THE OPEN COURT IN THE PRESENC E OF SR DR ON 12.10.2021. SD/- SD/- (AMIT SHUKLA) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOU NTANT MEMBER *NEHA* DATE:-12.10.2021 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGI STRAR ITAT NEW DELHI 4 DATE OF DICTATION 12 .10.2021 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 12 .10.2021 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER 12 .10.2021 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS 12 .10.2021 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 12 .10.2021 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/ PS 12 .10.2021 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 12 .10.2021 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH FILE GOES TO THE HEAD CLERK. THE DATE ON WHICH FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER