Deepshikha Negi, New Delhi V. ITO WARD - 43(5), New Delhi

ITA 6581/DEL/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 9124 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 11 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-08-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2016-2017
• Appeal Filed On: 07-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 144; 142(1); 143(2); 43; 20

Judgement Text

IN TH E INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : SMC : NEW DELHI (THROUGH VIRTUAL HEARING) BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER ITA NO . 6581/ DEL/20 1 9 ASSESSMENT YEAR : 20 1 6 - 17 DEEPSHIKHA NEGI, 103, DDA FLATS, DWARKA SEC.2, POCKET - 1, NEW DELHI. P AN: AFMPN4074Q VS. ITO, WARD - 43 ( 5 ), NEW DELHI. (APPELLANT ) (RESPONDENT) A SSESSEE BY : SHRI S. K. GOYAL, CA RE VENUE BY : SHRI R.K. GUPTA, SR. DR DATE OF HEARING : 0 4 . 0 8 . 20 21 DATE OF PRONOUNCEMENT : 0 4 .08. 20 21 ORDER TH IS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 17 TH JUNE, 20 1 9 OF THE CIT(A) - 1 5 , NEW DELHI, RELATIN G TO ASSESSMENT YEAR 20 1 6 - 17 . 2. THE ASSESSEE IN HER GROUNDS OF APPEAL HAS CHALLENGED THE ORDER OF THE CIT(A) IN CONFIRMING THE DISALLOWA NCE OF RS.4,56,707/ - ON ACCOUNT OF DERIVATIVE TRNSACTION. 3 . FACTS OF THE CASE, IN BRIEF, ARE THAT THE ASSESSEE IS A N INDIVIDUAL AND FILED HER RETURN OF INCOME ON 30 TH JULY, 2016 D ECLARING THE TOTAL INCOME AT RS.2, 63,170 / - . THE CASE WAS SELECTED FOR LIMI TED SCRUTINY UNDER CASS TO VERIFY WHETHER THE INVESTMENT ITA NO. 6581 /DEL/20 1 9 2 AND INCOME RELATING TO SECURITIES (DERIVATIVE TRANSACTIONS) ARE DULY DISCLOSED. SUBSEQUENTLY, NOTICE U/S 143(2) WAS ISSUED AND SERVED UPON THE ASSESSEE. FURTHER, A QUESTIONNAIRE ALONG WITH NOTICE U /S 142(1) WAS ALSO ISSUED TO THE ASSESSEE. HOWEVER, THERE WAS NO COMPLIANCE FROM THE SIDE OF THE ASSESSEE. THE AO, THEREFORE, INVOKING THE PROVISIONS OF SECTION 144 OF THE ACT, DETERMINED THE TOTAL INCOME OF THE ASSESSEE AT RS.8,25,912/ - BEING 0.5% OF TH E TOTAL TRANSACTIONS TO THE TUNE OF RS.16,51,02,530/ - . THE ASSESSEE FILED AN APPEAL BEFORE THE CIT(A), HOWEVER, THE LD.CIT(A) NOTED THAT THE RETURN WAS FILED BY THE HUSBAND OF THE ASSESSEE. FURTHER, THE ADDRESS IN FORM NO.35 WAS INCOMPLETE. THEREFORE, N OTICE WAS SENT BY SPEED POST AND THE SAME WAS RECEIVED BACK UNSERVED WITH THE POSTAL REMARK INCOMPLETE ADDRESS. IN VIEW OF THE ABOVE AND IN ABSENCE OF ANY DETAILS BEFORE HIM, THE LD.CIT(A) DISMISSED THE APPEAL FILED BY THE ASSESSEE. 4 . AGGRIEVED WITH SU CH ORDER OF THE CIT(A), THE ASSESSEE IS IN APPEAL BEFORE THE TRIBUNAL. 5 . THE LD. COUNSEL FOR THE ASSESSEE S UBMITTED THAT THE LD.CIT(A) HAS NOT DECIDED THE APPEAL ON MERIT AND HAS DISMISSED DUE TO NON - APPEARANCE BY THE ASSESSEE. HE SUBMITTED THAT GIVEN AN OPPORTUNITY, THE ASSESSEE IS IN A POSITION TO EXPLAIN HER CASE BEFORE THE CIT(A). THE LD. DR HAS NO OBJECTION TO THE SAME. 6. CONSIDERING THE TOTALITY OF THE FACTS OF THE CASE AND IN THE INTEREST OF JUSTICE, I DEEM IT PROPER TO RESTORE THE ISSUE TO T HE FILE OF THE CIT(A) WITH A DIRECTION TO GRANT ITA NO. 6581 /DEL/20 1 9 3 ONE MORE OPPORTUNITY TO THE ASSESSEE TO SUBSTANTIATE HER CASE AND DECIDE THE ISSUE AS PER FACT AND LAW. THE ASSESSEE IS ALSO HEREBY DIRECTED TO APPEAR BEFORE THE CIT(A) AND SUBSTANTIATE HER CASE WITHOUT SEE KING ANY ADJOURNMENT UNDER ANY PRETEXT, FAILING WHICH THE LD.CIT(A) IS AT LIBERTY TO PASS APPROPRIATE ORDER AS PER LAW. I HOLD AND DIRECT ACCORDINGLY. THE GROUNDS RAISED BY THE ASSESSEE ARE ACCORDINGLY ALLOWED FOR STATISTICAL PURPOSES. 7 . IN THE RE SULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. P RONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF, I.E., ON 0 4 .08 .20 21 . SD/ - ( R. K. PANDA ) ACCOUNTANT MEMBER DATED: 4 TH AUGUST, 2021. DK COPY FORWARDED TO 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASSTT. REGISTRAR, ITAT, NEW DELHI