Varun Media Pvt. Ltd., Noida V. ACIT, Noida

ITA 5010/DEL/2016

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 6474 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-03-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 09-03-2017
• Assessment Year: 2012-2013
• Appeal Filed On: 22-09-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BEDOBINA CHAUDHARI
• Section: 143(3)

Judgement Text

ITA NO. 5 010 /DEL./201 6 ASSESSMENT Y EAR: 20 12 - 13 PAGE 1 OF 4 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH SM C NEW DELHI) BEFORE SHRI B.P. JAIN, ACCOUNTANT MEMB E R ITA NO. 5010 /DEL./201 6 ASSESSMENT YEAR: 20 12 - 13 VARUN MEDIA PVT. LTD. C - 457, SECTOR 10, NOIDA VS. ACIT CIRCLE - 2, NOIDA (APPLICANT) (RESPONDENT) (PAN: A A ACV7714K ) ASSESSEE BY: SH. R.S. SINGHVI, CA SH. SATYAJEET GOEL, CA REVENUE BY: MS. BEDOBINA CHAUDHARI, SR. DR DATE OF HEARING 0 9 / 0 3 /201 7 DATE OF PRONOUNCEMENT 1 0 / 0 3 /201 7 ORDER PER B.P. JAIN , ACCOUNTANT MEMBER : 1. THIS APPEAL OF THE ASSESSEE ARISES FROM THE ORDER OF LD. CIT(A) - 1 NOIDA VIDE ORDER DATED 2 4 . 6 .201 6 FOR THE A.Y. 20 12 - 13 . THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL : - 1. THAT ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE CIT(A) HAS ERRED IN CONFIRMING THE ORDER OF ASSESSING OFFICER UNDER SECTION 143(3) OF INCOME TAX ACT 1961 WHEREBY HE HAS MADE A ADDITION OF PAGE 2 OF 4 TOTAL INCOME OF RS. 32,42,050/ - AGAINST A RETURNED LOSS OF RS.28,57,729/ - . 2. YOUR PETITIONER PRAY THAT HE MAY BE ALLOWED TO URGE ANY ADDITIONAL GROUND OR MODIFY ANY EXISTING GROUND AT A LATER STAGE. 3. THAT THE ORDERS OF THE LOWER AUTHORITIES ARE NOT JUSTIFIED ON FACTS AND SAME ARE BAD IN LAW. 2. THE LD. COUNSEL FOR THE ASSESSEE MR. R.S. SINGHVI, ADVOCATE ARGUED AT THE OUTSET THAT THE LD. CIT(A) PASSED EX - PART E ORDER AND HE POINTED OUT THAT THE DISPOSAL OF APPEALS ARE GOVERNED BY THE STATUTORY INSTRUCTIONS OF THE CBDT AND IT IS THE CONSISTENT ENDEA VOR OF THE CBDT TO GET THE PENDI NG APPEALS DISPOSED AS FAST AS POSSIBLE AND THE INDIVIDUAL CSIT (APPEALS) ARE ASSIGNED SPECIFIC TARGETS FOR DISPOSAL OF PENDING APPEALS. IN VIEW OF THESE CONTROLLING FACTS AND CIRCUMSTANCES I AM NOT INCLINED TO ACCEPT THE REQUEST FOR ADJOURNMENT ON THE GROUND OF PRE - OCCUPATION OF COUNSEL, AS SUFFICIENT OPPORT UNITY HAS ALREADY BEEN ALLOWED TO THE APPELLANT AND APPEL LANT N OT CONSIDERED IT NECESSARY TO ENTER APPEARANCE AND DEFEND THE CASE THE PENDING APPEAL IS DECIDED ON THE BASIS OF MATERIAL AVAILABLE ON RECORD AND THE IMPUGNED ORDER OF ASSESSMENT PASSED BY THE ID. ASSESSING OFFICER. PAGE 3 OF 4 3. THE LEARNED COUNSEL FOR THE COUNSEL FOR THE ASSESSEE PRAYED THE MATTER MAY BE SENT BACK TO THE LD. CIT (A) WHO SHALL PROVIDE SUFFICIENT OPPORTUNITIES OF BEING HEARD TO THE ASSESSEE TO PRESENT HIS CASE. 4. THE LD. DR ON THE OTHER HAND ARGUED THAT SUFFICIENT OPPORTUNITIES WERE GIVEN BUT THE ASSESSEE DID NOT FILE THE SAME. 5. I HAVE HEARD THE RIVAL CONTENTIONS AND PERUS ED THE FACTS OF THE CASE. IT IS ON RECORD THAT THE ASSESSEE HAS NOT BEEN PROVIDED SUFFICIENT OPPORTUNITIES OF BEING HEARD AND THEREFORE IT WILL BE IN THE INTEREST OF JUSTICE THAT MATTER BE SENT BACK TO THE FILE OF THE LD. CIT IA) WHO WILL DECIDE THE APPEAL DE NOVO BUT AFTER AFFORDING ADEQUATE OPPORTUNITIES OF BEING HEARD TO THE ASSESSEE . T HUS ALL GROUNDS OF THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES . 6 . IN THE RESULT, THE APPEAL OF THE ASSESSEE IN ITA NO. 5010/DEL/2016 IS ALLOWED FOR STATISTICAL PURPOSES. 7 . P RONOUNCED IN THE OPEN COURT ON 1 0 . 0 3 .201 7. S D / - ( B.P. JAIN ) ACCOUNTANT MEMB E R DATED: 1 0 . 0 3 .2017 NARENDER PAGE 4 OF 4 COPY FORWARDED TO: 1) APPELLANT 2) RESPONDENT 3) CIT 4) CIT (APPEALS) 5) DR: ITAT ASSISTANT REGISTRAR DATE DRAFT DICTATED ON 9 .0 3 .2017 DRAFT PLACED BEFORE AUTHOR 9 .0 3 .2017 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. APPROVED DRAFT COMES TO THE SR.PS/PS 1 0 .3.2017 KEPT FOR PRONOUNCEMENT ON FILE SENT TO THE BENCH CLERK 1 0 .3.2017 DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER.