Aashirvad Jewellery House, New Delhi V. ITO, Ward-47(4), New Delhi

ITA 736/DEL/2019

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 2402 (ITAT-DELHI)
• Duration Of Justice: 1 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 01-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AASTHA LAKSHMI
• Assessee Lawyers: S K GUPTA
• Keywords: Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES: FRIDAY , NEW DELHI BEFORE SHRI R.K.PANDA, ACCOUNTANT MEMBER AND SMT. BEENA A PILLAI, JUDICIAL MEMBER ITA NO. 736/DEL/2019 A.Y. 20 12 - 13 ASHIRVAD JEWELLERY HOUSE C - 47/2, PART A, GROUND FLOOR BACK SIDE GALI, LAWRENCE ROAD KESHAV PURAM NEW DELHI 110 035 PAN: AARFA1833A VS . ITO, WARD 47(4) NEW DELHI 110 002 & S .A.NO. 23 7 /DEL/201 9 ( ARISING OUT OF ITA NO. 73 6 /DEL/201 9 ) A.Y. 20 1 2 - 13 ASHIRVAD JEWELLERY HOUSE C - 47/2, PART A, GROUND FLOOR BACK SIDE GALI, LAWRENCE ROAD KESHAV PURAM NEW DELHI 110 035 PAN: AARFA1833A VS . ITO, WARD 47(4) NEW DELHI 110 002 (APPELLANT) (RESPONDENT) APP LICANT BY SH. SK GUPTA, C.A. RESPONDENT BY MS. AASTHA LAKSHMI, SR.D.R. DATE OF HEARING 08/03/2019 DATE OF PRONOUNCEMENT 12 /03/2019 ITA 73 6 /DEL/2019 AY:2012 - 13 M/S ASHIRVAD JEWELLERY HOUSE, N.DEL VS. ITO, WARD 47(4), N.DEL SA NO.23 7 /DEL/19(ARISING OUT OF ITA 73 6 /DEL/19) ASHIRVAD JEWELLERY HOUSE 2 ORDER PER BEENA A PILLAI, JUDICIAL MEMBER PRESENT S TAY A PPLICATION HAS BEEN FILED BY ASSESSEE SEEKING STAY OF OUTSTANDING DEMAND AMOUNTING TO RS.48,23,530/ - . LD.AR SUBMITTED THAT THE ASSESSMENT ORDER AS WELL AS ORDER OF LD.CIT (A) HAS BEEN PASSED WITHOUT GIVING OPPORTUNITY TO ASSESSEE OF BEING HEARD. HE SUBMITTED THAT ORDERS PASSED BY AUTHORITIES BELOW ARE EX PARTE ORDERS. 2 . UPON A QUERY BEING RAISED BY THE B ENCH REGARDING REASON FOR NON - APPEARANCE OF ASSESSEE, OR HIS REPRESENTATIVES BEFORE AUTHORITIES BELOW , LD . AR SUBMITTED THAT REPRESENTATIVES OF ASSESSEE W ERE BUSY WITH SALE OF MOVABLE AND IMMOVABLE ASSETS OWNED BY ASHIRVAD JEWELLERY HOUSE CHARGE D TO BANK THROUGH E - AUCTION UNDER S ECURITISATION AND R ECONSTRUCTION OF F INANCIAL A SSETS AND E NFORCEMENT OF S ECURITY I NTEREST A CT AT THE TIME WHEN ASSESSMENT PROCEEDINGS WERE GOING ON. LD.A.R. RELIED ON PUBLIC NO TICE FOR SALE OF ASSETS BY B ANK OF MAHARASHTRA TO WHOM DUES ARE OUTSTANDING OF RS.9,90,48,371/ - ALONG WITH PENAL INTEREST @2% PER ANNUM, WAS PENDING PAYABLE BY M/S ASHIRVAD JEWELLERY HOUSE . IT HAS BEEN SUBMITTED BY LD. AR THAT OPPORTUNITY MAY BE GRANTE D TO ASSESSEE TO PRESENT ITS CASE ALONG WITH NECESSARY EVIDENCE AND DOCUMENTS IN RESPECT OF IT S CLAIM. LD.SR.DR VEHEMENTLY SUBMITTED THAT, NO DEPOSITS HAVE BEEN MADE BY ASSESSEE AGAINST OUTSTANDING DEMAND TILL DATE, AND THEREFORE, BLANKET STA Y MAY NOT B E GRANTED TO ASSESSEE. ITA 73 6 /DEL/2019 AY:2012 - 13 M/S ASHIRVAD JEWELLERY HOUSE, N.DEL VS. ITO, WARD 47(4), N.DEL SA NO.23 7 /DEL/19(ARISING OUT OF ITA 73 6 /DEL/19) ASHIRVAD JEWELLERY HOUSE 3 3. WE HAVE PERUSED RECORDS PLACED BEFORE US IN LIGHT OF ARGUMENTS ADVANCED BY BOTH SIDES. 4. IT IS OBSERVED THAT AUTHORITIES BELOW PASSED EX - PARTE ORDER AND ASSESSEE HAS NOT OBTAINED OPPORTUNITY OF BEING HEARD BEFORE THE AUTHOR ITIES BELOW. WE ARE THEREFORE INCLINED TO SET ASIDE THE ISSUE BACK TO FILE OF LD.AO FOR DE - NOVO ASSESSMENT BY GRANTING PROPER OPPORTUNITY TO ASSESSEE. ASSESSEE IS DIRECTED TO FILE ALL REQUISITE DETAILS AS CALLED FOR IN RESPECT OF CLAIMS MADE AND COOPERATE IN COMPLETING OF ASSESSMENT. 5. WE ACCORDINGLY ALLOW GROUNDS RAISED BY ASSESSEE IN THE APPEAL FOR STATISTICAL PURPOSES. 6. IN THE RESULT APPEAL FILED BY ASSESSEE STANDS ALLOWED FOR STATISTICAL PURPOSES. 7. AS WE HAVE ALREADY SET ASIDE THE ISSUE BACK TO LD. AO FOR DE - NOVO ASSESSMENT, S TAY A PPLICATION FILED BY ASSESSEE BECOMES INFRUCTUOUS . 8. A CC ORDINGLY THE SAME STANDS DISMISSED AS INFRUCTUOUS. O R D E R P R O N O U N C E D I N O P E N C O U R T O N 1 3 / 0 3 / 2 0 1 9 . S D / - S D / - (R.K.PANDA) (BEENA A PILLAI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 1 3 T H MARCH, 2019 . *GMV ITA 73 6 /DEL/2019 AY:2012 - 13 M/S ASHIRVAD JEWELLERY HOUSE, N.DEL VS. ITO, WARD 47(4), N.DEL SA NO.23 7 /DEL/19(ARISING OUT OF ITA 73 6 /DEL/19) ASHIRVAD JEWELLERY HOUSE 4 COPY OF THE ORDER FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR 6. GUARD FILE BY ORDER ASST. REGISTRAR ITAT, DELHI BENCHES, NEW DELHI