Sachin Polymers Pvt. Ltd., Delhi V. ITO, Ward- 22(1), New Delhi

ITA 6437/DEL/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6825 (ITAT-DELHI)
• Duration Of Justice: 6 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-04-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 08-10-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S L ANURAGI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC , NEW DELHI BEFORE SH. N. S . SAINI, ACCOUNTANT MEMBER ITA NO. 6437 /DEL/2018 : ASSTT. YEAR : 2009 - 10 SACHIN POLYMERS PVT. LTD., 29, R1 & R2, GAL I NO. 4, INDUSTRIAL AREA, ANAND PARVAT, NEW DELHI - 110005 VS INCOME TAX OFFICER, WARD - 22 (1 ), NEW DELHI (APPELLANT) (RESPONDENT) PAN NO. A AKCS9807J ASSESSEE BY : SH. ROHIT TIWARI, ADV. REVENUE BY : SH. S. L. ANURAGI , SR. DR D ATE OF HEAR ING: 11 . 04 .201 9 DATE OF PRONOUNCEMENT: 29 .04 .201 9 ORDER THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 8 , NEW DELHI DATED 30.07 .2018 . 2 . IT IS OBSERVED FROM THE ORDER OF TH E COMMISSIONER OF INCOME TAX (APPEALS) THAT THE APPEAL OF THE ASSESSEE WAS DISMISSED BY HIM AS THE ASSESSEE DID NOT APPEAR ON THE DATES OF HEARING FIXED BY HIM. THE DETAILS OF WHICH ARE AS FOLLOWS: SL. NO. NOTICE ISSUE DATE HEARING DATE FIXED REMARK 1. 2 6.02.2018 12.03.2018 NONE ATTENDED NO COMPLIANCE WAS MADE AND NO SUBMISSIONS WERE FILED 2. 15.05.2018 29.05.2018 NONE ATTENDED NO COMPLIANCE WAS MADE AND NO SUBMISSIONS WERE FILED 3. 15.06.2018 25.06.2018 NONE ATTENDED NO COMPLIANCE WAS MADE AND ITA NO . 6437 /DEL /201 8 SACHIN POLYMERS PVT. LTD. 2 NO SUBMISSIONS WERE FILED 4. 26.06.2018 06.07.2018 NONE ATTENDED NO COMPLIANCE WAS MADE AND NO SUBMISSIONS WERE FILED 3 . BEFORE ME, THE AUTHORIZED REPRESENTATIVE OF THE ASSESSEE REQUESTED FOR GRANT ONE MORE OPPORTUNITY OF HEARING TO THE ASSESSEE. HOWEVE R, HE COULD NOT SHOW ANY GOOD REASON FOR NOT APPEARING BEFORE THE COMMISSIONER OF INCOME TAX (APPEALS) ON THE DATES OF HEARING FIXED BY HIM. 4 . THE LD. DEPARTMENTAL REPRESENTATIVE VEHEMENTLY OPPOSED THE SUBMISSIONS OF THE AUTHORIZED REPRESENTATIVE OF THE ASSESSEE FOR GRANT OF ONE MORE OPPORTUNITY OF HEARING. 5 . I HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE ORDERS OF THE LOWER AUTHORITIES AND MATERIALS AVAILABLE ON RECORD. THE UNDISPUTED FACTS IN THIS APPEAL ARE THAT THE APPEAL OF THE ASSESSEE WA S DISMISSED BY THE COMMISSIONER OF INCOME TAX (APPEALS) AS THE ASSESSEE FAILED TO APPEAR BEFORE HIM ON THE DATES FIXED FOR HEARING BY HIM. THOUGH THE AUTHORIZED REPRESENTATIVE OF THE ASSESSEE REQUESTED FOR GRANT OF ONE MORE OPPORTUNITY TO PRESENT THE APPEA L BEFORE THE COMMISSIONER OF INCOME TAX (APPEALS), HOWEVER, HE COULD NOT SHOW ANY GOOD REASON FOR NOT APPEARING BEFORE THE COMMISSIONER OF INCOME TAX (APPEALS) ON THE DATES OF HEARING FIXED BY HIM. HOWEVER, I AM OF THE CONSIDERED VIEW THAT IN ORDER TO REND ER SUBSTANTIAL JUSTICE IN THE CASE ONE MORE OPPORTUNITY SHOULD BE GRANTED TO THE ASSESSEE BUT BY IMPOSING A COST ON THE ASSESSEE. I IMPOSE A COST OF RS.1000/ - ON THE ASSESSEE AND RESTORE THE APPEAL BACK TO THE FILE OF THE COMMISSIONER OF INCOME TAX (APPEAL S) FOR ADJUDICATING THE APPEAL OF THE ASSESSEE AFRESH AFTER ALLOWING REASONABLE AND PROPER OPPORTUNITY OF HEARING TO THE ASSESSEE. THE ASSESSEE IS DIRECTED TO DEPOSIT RS.1000/ - TOWARDS COST BEFORE DATE OF HEARING BEFORE THE COMMISSIONER OF INCOME TAX (APPE ALS) AND FILE AN ITA NO . 6437 /DEL /201 8 SACHIN POLYMERS PVT. LTD. 3 EVIDENCE TO THAT EFFECT BEFORE THE COMMISSIONER OF INCOME TAX (APPEALS) AS WELL AS THE TRIBUNAL. WITH THESE DIRECTIONS, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWE D FOR STATISTICAL PURPOSES . (ORDER PRONOUNCED IN THE COURT ON 29 TH DAY OF APRIL, 2019 AT NEW DELHI) SD/ - (N. S. SAINI) ACCOUNT ANT MEMBER DATED: 29 /0 4 /2019 *SUBODH* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR