Vineet Bhardwaj, Faridabad V. ITO WARD - 2(5), Faridabad

ITA 6914/DEL/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 0370 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 10 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-07-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2016-2017
• Appeal Filed On: 20-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Capital Gains
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES SMC-1 : DELHI [THROUGH VIDEO CONFERENCING] BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER ITA.NO.6914/DEL./2019 ASSESSMENT YEAR 2016-2017 SHRI VINEET BHARDWAJ, H.NO.540, SECTOR-19, FARIDABAD 121 002. HARYANA. PAN AHAPBO740K VS. THE INCOME TAX OFFICER, WARD 2 (5), NEW CGO COMPLEX, NEW INDUSTRIAL TOWNSHIP (NIT)-4), FARIDABAD 121 001. HARYANA. (APPELLANT) (RESPONDENT) FOR ASSESSEE : - NONE - FOR REVENUE : SHRI M. BARNWAL, SR. D.R. DATE OF HEARING : 15 . 07 .20 21 DATE OF PRONOUNCEMENT : 15 . 07 .20 2 1 ORDER THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 21.06.2019 OF THE LD. CIT(A), FARIDABAD, RELEVANT TO THE A.Y. 2016-2017. 2. ALTHOUGH A NUMBER OF GROUNDS HAVE BEEN RAISED BY THE ASSESSEE, HOWEVER, THESE ALL RELATE TO THE EX-PARTE ORDER OF THE LD. CIT(A) IN CONFIRMING THE ADDITIONS MADE BY THE A.O. 2 ITA.NO.6914/DEL./2019 SH VINEET BHARDWAJ, FARIDABAD. 3. NONE APPEARED ON BEHALF OF THE ASSESSEE, DESPITE ISSUE OF NOTICE. THEREFORE, THIS APPEAL IS BEING DECIDED ON THE BASIS OF THE MATERIAL AVAILABLE ON RECORD AND AFTER HEARING THE LD. D.R. 4. THE FACTS, IN BRIEF, ARE THAT THE ASSESSEE IS AN INDIVIDUAL AND HAD FILED HIS RETURN OF INCOME ON 03.08.2016 DECLARING TOTAL INCOME OF RS.3,69,250/-. THE CASE OF THE ASSESSEE WAS SELECTED FOR LIMITED SCRUTINY TO VERIFY THE SOURCE OF THE CASH DEPOSITED IN THE BANK ACCOUNT. THE A.O. COMPLETED THE ASSESSMENT UNDER SECTION 143(3) ON 23.12.2018 DETERMINING THE TOTAL INCOME OF ASSESSEE AT RS.21,38,670/- WHEREIN HE MADE ADDITION OF RS.17,69,420/- ON ACCOUNT OF LONG TERM CAPITAL GAINS. SINCE THE ASSESSEE DID NOT APPEAR BEFORE THE LD. CIT(A), THE LD. CIT(A) IN THE EX-PARTE ORDER PASSED BY HIM DISMISSED THE APPEAL FILED BY THE ASSESSEE. 5. AGGRIEVED WITH SUCH ORDER OF THE LD. CIT(A), THE ASSESSEE IS IN APPEAL BEFORE THE TRIBUNAL. 3 ITA.NO.6914/DEL./2019 SH VINEET BHARDWAJ, FARIDABAD. 6. I HAVE HEARD THE LD. D.R. AND PERUSED THE RECORD. IT IS AN ADMITTED FACT THAT A.O. COMPLETED THE ASSESSMENT UNDER SECTION 143(3) DETERMINING THE TOTAL INCOME OF THE ASSESSEE AT RS.21,38,670/- WHEREIN HE MADE ADDITION OF RS.17,69,420/- ON ACCOUNT OF LONG TERM CAPITAL GAINS. I FIND SINCE THE ASSESSEE DID NOT APPEAR BEFORE THE LD. CIT(A) DESPITE NUMBER OF OPPORTUNITIES GRANTED AND THE ASSESSEE WAS SEEKING ADJOURNMENTS FROM TIME TO TIME AND DID NOT APPEAR BEFORE HIM ON THE LAST OCCASION, THE LD. CIT(A) WAS CONSTRAINED TO PASS THE EX-PARTE ORDER DISMISSING THE APPEAL FILED BY THE ASSESSEE FOR WANT OF DETAILS. CONSIDERING THE TOTALITY OF THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE, I DEEM IT PROPER TO RESTORE THE ISSUE TO THE FILE OF THE LD. CIT(A) WITH A DIRECTION TO GRANT ONE FINAL OPPORTUNITY TO THE ASSESSEE TO SUBSTANTIATE HIS CLAIM AND DECIDE THE ISSUE AS PER FACT AND LAW AND PASS A SPEAKING ORDER ON MERIT. THE ASSESSEE IS ALSO HEREBY DIRECTED TO APPEAR BEFORE THE LD. CIT(A) AND SUBSTANTIATE HIS CASE WITHOUT SEEKING ANY ADJOURNMENT UNDER ANY PRETEXT, FAILING WHICH, THE LD. CIT(A) IS AT LIBERTY TO PASS APPROPRIATE ORDERS 4 ITA.NO.6914/DEL./2019 SH VINEET BHARDWAJ, FARIDABAD. AS PER LAW. THE GROUNDS RAISED BY THE ASSESSEE ARE ACCORDINGLY ALLOWED FOR STATISTICAL PURPOSES. 7. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF I.E., ON 15.07.2021. SD/- (R.K. PANDA) ACCOUNTANT MEMBER DELHI, DATED 15 TH JULY, 2021 VBP/- COPY TO 1. THE APP ELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT SMC - 1 BENCH, DELHI 6. GUARD FILE. // BY ORDER // ASSISTANT REGISTRAR : ITAT DELHI BENCHES : DELHI.