Vinod Wahi, New Delhi V. ITO WARD - 45(2), New Delhi

ITA 7108/DEL/2019

AI Insights

The case involves Sh. Vinod Wahi, the appellant, who challenged the assessment order under section 143(3) of the Income Tax Act, 1961, dated 30.12.2016. The initial appeal was dismissed by the Ld. CIT(A)-15 due to the non-appearance of the assessee despite multiple notices. The assessee, residing in Germany, was unaware of the proceedings due to the illness and subsequent death of his Authorized Representative, Sh. N. K. Kaushik, CA. The Tribunal found merit in the assessee's claim of not being informed about the proceedings and the death of his representative, leading to the decision to remand the case for a fresh hearing on merits.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 113979 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 6 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-03-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Next Hearing Date: 14-03-2023
• Assessment Year: 2014-2015
• Appeal Filed On: 26-08-2019
• Other Referred Cases: CIT(A) vs. Multi Plan (India) Pvt. Ltd. 38 ITD 320 (Del.)
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Keywords: Capital asset converted into stock in trade; Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘H’ : NEW DELHI) BEFORE SH. N.K.BILLAIYA, ACCOUNTANT MEMBER AND SH. ANUBHAV SHARMA, JUDICIAL MEMBER ITA No. 7108/Del/2019, A.Y. 2014-15 Sh. Vinod Wahi, J-8/86, 2 nd Floor, Rajouri Garden, New Delhi 110027 PAN : AAWPW4043R Vs. ITO, Ward-45(2) New Delhi Assessee by None Revenue by Sh. Girish Kumar Kohli, Sr.DR Date of hearing: 15.03.2023 Date of Pronouncement: 15.03.2023 ORDER Per Anubhav Sharma, JM : Heard and perused the record. 2. None has appeared for the assessee inspite of repeated notices and listing of appeal. Therefore Ld. DR was heard who supported the order of Ld. Tax authorities below. 3. The record shows that assessee had challenged the assessment order u/s 143(3) of the Income Tax Act, 1961 dated 30.12.2016 before Ld. CIT(A) and the Ld. CIT(A)-15 dismissed the appeal observing that despite issuance of 7108.Del.2019 Vinod Wahi 2 various notices, non-appeared for the assessee. Therefore, applying the ratio in CIT(A) vs. Multi Plan (India) Pvt. Ltd. 38 ITD 320 (Del.) dismissed the appeal and at the same time observing that as no further details are available, the additions made are sustained. 3. The record shows assessee has claimed that his Authorised Representative, Sh. N. K. Kaushik, CA was suffering from cancer and had expired on 15.03.2020 and as assessee was resident of Germany, so he was not aware of ongoing proceedings. 4. In the light of facts appearing from record the ends of justice require giving assessee an opportunity to contest on merits. Also for the reason that there is an error in dismissal of appeal in limine for non-appearance and also sustaining the additions for want of evidence. The impugned order of Ld. CIT(A) is set aside for statistical purposes and the assessee is given opportunity to appear before Ld. CIT(A) to put across the case on merits and Ld. CIT(A) after giving opportunity of hearing, shall pass order on merits. Consequently, the appeal of assessee is allowed for statistical purposes. Order pronounced in the open court on 15 th March, 2023. Sd/- Sd/- (N.K.BILLAIYA) (ANUBHAV SHARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER Date:- 15 .03.2023 *Binita, SR.P.S* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI