M/s. Manovik Leasing Ltd., New Delhi V. ACIT, New Delhi

ITA 5209/DEL/2014

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 4122 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 10 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-08-2016
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC 3
• Next Hearing Date: 30-06-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 23-09-2014
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: P DAM KANUNJNA
• Assessee Lawyers: D M SINHA
• Keywords: Principle of natural justice

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC - 3 , NEW DELHI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER ITA NO. 5 209 /DEL/2014 AY: 200 5 - 06 MANOVIK LEASING LTD. VS. ACIT, CIRCLE 6(1) C/O DM SINGH, ADVOCATE NEW DELHI 621/9, VISHWA S NAGAR (CHOWK 18 QUARTER) NEW DELHI 110 032 PAN: AAACM 6694 H (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI D.M.SINHA, ADV. RESPONDENT BY : SH. P.DAMKANUNJNA, SR.D.R. O R D E R THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS ) - IX , NEW DELHI DATED 13.08. 2014 PERTAINING TO THE ASSESSMENT YEAR (A.Y.) 200 5 - 06 . 2. AFTER HEARING RIVAL CONTENTIONS I AM OF THE CONSIDERED OPINION THAT THE ISSUE SHOULD BE SET ASIDE TO THE FILE OF THE ASSESSING OFFICER ONCE MORE FOR FRESH ADJUDICATION IN ACCORDANCE WITH LAW ON THE GROUNDS OF PRINCIPLE OF NATURAL JUSTICE. THE ASSESSEE IS DIRECTED TO APPEAR BEFORE THE ASSESSING OFFICER ON 26 TH SEPTEMBER,2016 AND FURNISH/PRODUCE THE REQUISITE DOCUMENTS IN SUPPORT OF HIS CLAIM. THE ASSESSEE IS ALSO DIRECTED TO COOPERATE IN COMPLETION OF THE ASSESSMENT AND NOT TO TAKE ANY ADJOURNMENTS BEFORE THE ASSESSING OFFICER. 2 3. IN THE RESULT THE APPEAL IS ALLOWED FOR STA TISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH AUGUST, 2016. SD/ - (J. SUDHAKAR REDDY) ACCOUNTANT MEMBER DATED: THE 10 TH AUGUST, 2016 MANGA COPY FORWARDED TO: - 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR, ITAT - TRUE COPY - BY ORDER, ASSISTANT REGISTRAR