M/s Marks Consolidated Business Ltd., Delhi V. ITO, New Delhi

ITA 5060/DEL/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6384 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 5 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-03-2016
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: E
• Assessment Year: 2003-2004
• Appeal Filed On: 27-09-2012
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: P DAM KANUNJANA
• Assessee Lawyers: MUSHTAQ A MIR
• Keywords: Principle of natural justice
• Section: 68

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: E NEW DELHI BEFORE SHRI J.S. REDDY, ACCOUNTANT MEMBER AND SMT. BEENA A. PILLAI, JUDICIAL MEMBER I.T.A .NO.5060/DEL/2012 ASSESSMENT YEAR-2003-04 MARKS CONSOLIDATED BUSINESS LTD., 1497, BHARDWAJ BHAWAN, KOTLA MUBARAKPUR, DELHI. AAACM8113H VS ITO, WARD 6(2), NEW DELHI. APPELLANT BY MUSHTAQ A. MIR, CA RESPONDENT BY SHRI. P. DAM KANUNJANA, SR. DR ORDER PER BEENA A. PILLAI, JM THE PRESENT APPEAL IS FILED BY THE ASSESSEE AGAINS T THE ORDER OF THE LD. CIT(A)-X, NEW DELHI VIDE ORDER DATED 06/ 07/2012 ON THE FOLLOWING AMENDED GROUNDS OF APPEAL: 1. THE LD. CIT(A) HAS ERRED IN LAW AND FACTS BY CONFIRMING ORDER PASSED BY THE LD. ASSESSING OFFICE R WHICH WAS BAD IN LAW AND AGAINST THE FACTS AND CIRCUMSTANCES OF THE CASE; 2. THE LD. CIT(A) HAS ERRED IN LAW AND FACTS BY CONFIR MING THE ADDITION OF RS. 93,45,714/- MADE BY THE LD. ASSESSING OFFICER BY ERRONEOUSLY INVOKING PROVISION S OF SECTION 68 OF THE INCOME TAX ACT, 1961; DATE OF HEARING 15.02.2016 DATE OF PRONOUNCEMENT 09.03.2016 I.T.A. NO. 5060/D/2012 2 3. THAT THE APPELLANT CRAVES LEAVE TO ADD, ALTER, AMEND/FOREGO ANY OF THE GROUNDS OF APPEAL AT THE TI ME OF HEARING. 2. IT IS OBSERVED FROM THE ORDER PASSED BY THE LD. CIT(A) THAT THERE HAS BEEN NO REPRESENTATION MADE BY THE ASSESS EE BEFORE THE FIRST APPELLATE AUTHORITY. THE LD. COUNSEL FOR THE ASSESSEE HAS DEMONSTRATED BEFORE US THAT THE ASSESSEE HAS BEEN P REVENTED BY SUFFICIENT CAUSE FROM APPEARING BEFORE THE LD. CIT( A). 2.1. THEREFORE, IN THE INTEREST OF NATURAL JUSTICE, WE SET ASIDE THE ISSUES TO THE FILE OF THE LD. CIT(A). THE LD. AR AL SO MADE A REQUEST OF THE MATTER BE DISPOSED OFF BY THE LD. CIT(A) BEF ORE THE END OF THIS FINANCIAL YEAR. THE LD. AR IS HEREBY DIRECTED TO ATTEND THE OFFICE OF THE LD. CIT(A) AND TO RECEIVE THE NOTICE OF HEARING ON OR BEFORE HIM BY 15/03/2016. THE LD. CIT(A) MAY POSIT IVELY CONSIDER THE REQUEST OF THE ASSESSEE FOR EARLY DISP OSAL OF HIS CASE. THE ASSESSEE SHALL COOPERATE IN THE DISPOSAL OF THE APPEAL BY THE LD. CIT(A). WE, ACCORDINGLY, SET ASIDE THE APPEAL TO THE LD. CIT(A). 3. ACCORDINGLY, THE APPEAL FILED BY THE ASSESSEE ST ANDS STATISTICALLY ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 09.03.20 16 SD/- SD/- (J.S.REDDY) (BEENA A. PILL AI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 09.03.2016 *KAVITA ARORA I.T.A. NO. 5060/D/2012 3 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR ASSTT. REGISTRAR