Ruchi Nirman Pvt. Ltd., Ahmedabad V. The Deputy Commissioner of Income Tax, Circle-3(1)(2), Ahmedabad

ITA 491/AHD/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 8462 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 1 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-04-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 27-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: M G PATEL
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH BEFORE: SHR I S. S. GODARA , JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER RUCHI NIRMAN PVT. LTD. A - 301, PUSHPVAN APPT., NR. I.O.C PETROL PUMP, BODAKDEV, AHMEDABAD PAN: AADCR7832B (APPELLANT) VS THE DCIT, CIRCLE - 3(1)(2), AHMEDABAD (RESPONDENT) REVENUE BY : S H RI PRASOON KABRA , SR. D . R. ASSESSEE BY: S H RI M.G. PATEL , A.R. DATE OF HEARING : 15 - 03 - 2 018 DATE OF PRONOUNCEMENT : 12 - 04 - 2 018 / ORDER P ER : AMARJIT SINGH, ACCOUNTANT MEM BER : - THIS ASSESSEE S APPEAL FOR A.Y. 2012 - 13 , ARIS ES FROM ORDER OF THE CIT(A) - 9 , AHM EDABAD DATED 19 - 12 - 2016 , IN PROCEEDINGS UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . 2. THE ASSESEE HAS RAISED FOLLOWING GROUNDS OF APPEAL: - 1. THE LEARNED COMMISSIONER OF INCOME TAX, (APPEALS) - 9, AHMEDABAD HAS ERRED IN LAW AND ON FACTS OF THE CASE IN PASSING EX - PARTE ORDER THOUGH THE APPELLANT'S COUNSEL FILED WRITTEN SUBMISSION ON 18.07.2016 IN RESPONSE TO LETTER DATED 20.06.2016, WHICH WAS DULY RECEIVED BY C.I.T.(APPEALS) ON 18.07.2016. 1.1 THE APPELLANT HAS NOT RECEIVED NOTICES DATED 08.08.2016 AND 27.09.2016 THOUGH APPELLANT'S COUNSEL'S ADDRESS WAS DULY MENTIONED IN THE WRITTEN SUBMISSION DATED 18.07.2016. 2. THE LEARNED COMMISSION ER OF INCOME TAX, (APPEALS) - 9, AHMEDABAD HAS ERRED IN LAW AND ON FACTS OF THE CASE IN CONFIRMING TH E DISALLOWANCE OF RS. 1 7,47,450/ - U/S.40A(3) OF THE I.T. ACT, 1961. 3. THE LEARNED COMMISSIONER OF INCOME TAX, (APPEALS) - 9, AHMEDABAD HAS ERRED IN LAW AND ON FACTS OF THE CASE IN CONFIRMING THE ADDITION OF RS.50,66,000/ - IN RESPECT OF I T A NO . 491 / A H D/20 17 A SSESSMENT YEAR 2012 - 13 I.T.A NO. 491 /AHD/20 17 A.Y. 2012 - 13 PAGE NO RUCHI NIR MAN PVT. LTD. VS. DCIT 2 SHARE ALLOCATION MONEYS RECEIVED BY YOUR APPELLANT THOUGH THE DETAILS REGARDING INVESTORS WERE DULY SUBMITTED TO THE ASSESSING OFFICER. 3. IN THIS CASE, ASSESSMENT U/S. 143( 3) OF THE ACT WAS COMPLETED ON 18 TH MARCH, 2015. THE TOTAL INCOME OF THE ASSESSEE WAS DETERMINED AT RS. 1 , 03 , 92 , 750/ - AS AGAINST INCOME SHOWN IN THE RETURN OF INCOME OF RS. 35 , 79 , 300/ - 4. AGGRIEVED ASSESSEE FILED APPEAL BEFORE THE LD. CIT(A). THE LD. C IT(A) HAS DISMISSED THE APPEAL OF THE ASSESSEE AS NOBODY HAS MADE COMPLIANCE DURING THE COURSE OF APPELLATE PROCEEDINGS BEFORE THE LD. CIT(A). DURING THE APPELLATE PROCEEDINGS BEFORE US, THE LD. COUNSEL HAS REQUESTED FOR GRANTING ONE MORE OPPORTUNITY STAT ING THAT BECAUSE OF UNAVOIDABLE CIRCUMSTANCES NOBODY HAS A TTENDED BEFORE THE LD. CIT(A). ON THE OTHER HAND, LD. DEPARTMENTAL REPRESENTATIVE HAS INDICATED TH A T VARIOUS NOTICES DATED 23TH MAY, 2016, 28 TH JUNE, 2016, 8 TH AUGUST, 2016 AND 27 TH SEP, 2016 RESP ECTIVELY WERE ISSUED FOR HEARING BUT ASSESSEE HAS NOT MADE ANY COMPLIANCE TO THESE NOTICES . 5. WE HAVE NOTICED THAT THE LD. CIT(A) HAS DECIDED THE APPEAL OF THE ASSESSEE EX - PARTE AS NOBODY APPEARED F ROM THE SIDE OF THE ASSESSEE . AFTER CONSIDERING T HE REQUEST OF THE LD. COUNSEL AND THE NATURE OF ADDITION, WE ARE OF THE VIEW THAT WILL BE APPROPRIATE IN THE INTEREST OF JUSTICE TO PROVIDE ONE MORE OPPORTUNITY TO THE ASSESSEE FOR DECIDING THIS CASE ON MERIT. THEREFORE, WE RESTORE THIS CASE TO THE FILE OF LD. CIT(A) FOR DECIDING AFRESH AFTER AFFORDING THREE OPPORTUNITIES OF HEARING FAILING TO WHICH OUR INSTANT ORDER WOULD BE DEEMED TO HAVE BEEN VACATED. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. OR DER PR ONOUNCED IN THE OPEN C OURT ON 12 - 04 - 201 8 SD/ - SD/ - ( S.S. GODARA ) ( AMARJIT SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER I.T.A NO. 491 /AHD/20 17 A.Y. 2012 - 13 PAGE NO RUCHI NIR MAN PVT. LTD. VS. DCIT 3 AHMEDABAD : DATED 12 /04 /2018 / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,