Mr. Vinay Khaitan, Noida V. JCIT, Noida

ITA 5493/DEL/2016

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 3828 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-10-2017
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: G
• Assessment Year: 2009-2010
• Appeal Filed On: 24-10-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: KAUSHLENDRA TIWARI
• Section: 143(3); 2

Judgement Text

SURYAIN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G, NEW DELHI BEFORE SHRI. AMIT SHUKLA, JUDICIAL MEMBER & SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER I.T.A. NO.5493/DEL/2016 ASSESSMENT YEAR: 2009-10 MR VINAY KHAITAN PROP. VRINDAVAN OVERSEASE A-41-42, SECTOR 2 NOIDA V. JCIT RANGE I NOIDA TAN/PAN:AFQPK4347B (APPELLANT) (RESPONDENT) APPELLANT BY: NONE RESPONDENT BY: SHRI KAUSHLENDRA TIWARI, D.R. DATE OF HEARING: 26 10 2017 DATE OF PRONOUNCEMENT: 26 10 2017 O R D E R PER AMIT SHUKLA, J.M.: THE AFORESAID APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST IMPUGNED ORDER DATED 30/3/2016 PASSED BY THE LD. CIT (APPEALS)-I, NOIDA FOR THE QUANTUM OF ASSESSMENT PASSED UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 FOR ASSESSMENT YEARS 2009-10. 2. IN GROUND NO.1, THE ASSESSEE CONTESTED THAT THE LD. CIT(A) HAS ERRED IN LAW IN PASSING EX-PARTE ORDER WITHOUT DECIDING THE APPEAL ON MERITS. HERE THE MAIN ADDITIONS PERTAINS TO ADDITIONS OF RS.17,33,161/- ON ACCOUNT OF CENVAT REVERSE BACK AND A SUM OF RS.2,62,575/- ON ACCOUNT OF SHORT TERM CAPITAL LOSS. SINCE THE APPEAL HAS BEEN DECIDED EX-PARTE BY THE I.T.A. NO.5493/DEL/2016 2 LD. CIT(A) WITHOUT DECIDING THE ISSUES ON MERIT, THEREFORE, WE ARE OF THE OPINION THAT IN THE INTEREST OF JUSTICE, THE MATTER SHOULD BE RESTORED BACK TO THE FILE OF THE LD. CIT(A) FOR DECIDING THE SAME AFRESH IN ACCORDANCE TO LAW AFTER GIVING DUE OPPORTUNITY OF HEARING TO THE ASSESSEE. THE ASSESSEE IS ALSO DIRECTED TO COMPLY WITH THE NOTICE OF HEARING BEFORE THE LD. CIT (A) AND SHOULD ENSURE THAT EFFECTIVE HEARING TAKES PLACE. WITH THIS DIRECTION, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 3. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 26 TH OCTOBER, 2017. SD/- SD/- [PRASHANT MAHARISHI] [AMIT SHUKLA] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 26TH OCTOBER, 2017 JJ:2610 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR ASSISTANT REGISTRAR I.T.A. NO.5493/DEL/2016 3 DATE 1. DRAFT DICTATED ON 2. DRAFT PLACED BEFORE AUTHOR 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. 5. APPROVED DRAFT COMES TO THE SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON 7. FILE COMES BACK TO PS/SR. PS 8. UPLOADED ON 9. FILE SENT TO THE BENCH CLERK 10. DATE ON WHICH FILE GOES TO THE AR 11. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 12. DATE OF DISPATCH OF ORDER.