Sandeep Arora, Chandigarh V. Income Tax Officer, Ward-5(2), Chandigarh

ITA 792/CHANDI/2023

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 0154 (ITAT-CHANDIGARH)
• Duration Of Justice: 8 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-08-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 11-08-2024
• Assessment Year: 2012-2013
• Appeal Filed On: 12-12-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Opportunity of being heard; Cost of acquisition; Non compliance; Set aside
• Section: 147; 148; 250

Judgement Text

आयकर अपीलीय अिधकरण,चǷीगढ़ Ɋायपीठ “बी” , चǷीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH “B”, CHANDIGARH HEARING THROUGH: HYBRID MODE ŵी िवŢम िसंह यादव, लेखा सद˟ एवं ŵी परेश म. जोशी, Ɋाियक सद˟ BEFORE: SHRI. VIKRAM SINGH YADAV, AM & SHRI. PARESH M. JOSHI, JM आयकर अपील सं./ ITA NO. 792/Chd/2023 िनधाŊरण वषŊ / Assessment Year : 2012-13 Shri Sandeep Arora, H.No. 1018, Sector 44B, Chandigarh बनाम The ITO Ward-5(2), Chandigarh ˕ायी लेखा सं./PAN NO: AEOPA4823M अपीलाथŎ/Appellant ŮȑथŎ/Respondent िनधाŊįरती की ओर से/Assessee by : Shri Parikshit Aggarwal, C.A राजˢ की ओर से/ Revenue by : Shri Vivek Vardhan, JCIT, Sr. DR सुनवाई की तारीख/Date of Hearing : 12/08/2024 उदघोषणा की तारीख/Date of Pronouncement : 13/08/2024 आदेश/Order PER VIKRAM SINGH YADAV, A.M. : This is an appeal filed by the Assessee against the order of the Ld. CIT(A)/NFAC, Delhi dt. 06/12/2023 pertaining to Assessment Year 2012-13. 2. In the present appeal, the Assessee has raised the following grounds of appeal: 1. “That on the facts, circumstances and legal position of the case, Worthy CIT(A), NFAC in Appeal No. CIT (A), Chandigarh-2/10979/2019-20 has erred in passing order dtd. 06.12.2023 in contravention of provisions of S. 250 of the Income Tax Act, 1961 (hereinafter referred to as "Act"). 2. That on facts, circumstances and legal position of the case, Worthy CIT(A) has erred in confirming the actions of Ld. AO in initiating, continuing and then concluding the impugned assessment u/s 148 r.w.s. 147 and hence the impugned assessment order deserves to be quashed. 3. That on facts, circumstances and legal position of the case, Worthy C1T(A) has erred in confirming addition of Rs. 2,19,50,000/- made by Ld. AO by erroneously holding the same as short term capital gain by assuming the amount of loan raised as purchase cost which is without due application of mind and more-so when amount as per registered purchase deed and legitimate expenses thereon should have been considered as purchase cost. 2 4. That on facts, circumstances and legal position of the case, the impugned order passed by the Ld. AO u/s 147 and then by Worthy CIT(A) u/s 250 deserves to be quashed since the same have been passed without affording reasonable opportunity of being heard to the appellant. 5. That the appellant craves leave for any addition, deletion or amendment in the grounds of appeal on or before the disposal of the same.” 3. During the course of hearing, the Ld. AR submitted that the Ld. CIT(A) has passed an exparte order. It was submitted that notices were sent on a wrong email ID and not on the email ID mentioned in Form No. 35 and as a result, none of the notices were received by the assessee and in absence thereof, necessary compliances could not be made. It was accordingly submitted that there exist reasonable and bonafide reason for non compliance before the Ld. CIT(A) and in view of the fact that the matter has not been decided on merits of the case, the same may remanded back to the file of the Ld. CIT(A) to decide the same afresh after providing reasonable opportunity to the assessee. 4. In his submission, the Ld. DR fairly submitted that the order has been passed exparte without going into the merits of the case. It was submitted that the Revenue has no objection where the matter is set aside to the file of the Ld. CIT(A) to decide on the merits of the case after hearing the assessee. 5. After hearing both the parties and considering the material available on the record and the fact that the impugned order has been passed ex-parte qua the assessee without deciding on merits of the case, the matter is set aside to the file of the Ld. CIT(A) to decide the same afresh as per the law after providing reasonable opportunity to the assessee. Needless to say, the assessee 3 shall participate in the proceedings and file necessary documentation/submission as so called for and as so advised. 6. In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced in the open Court on 13/08/2024. Sd/- Sd/- परेश म. जोशी िवŢम िसंह यादव (PARESH M. JOSHI) ( VIKRAM SINGH YADAV) Ɋाियक सद˟ / JUDICIAL MEMBER लेखा सद˟/ ACCOUNTANT MEMBER AG आदेश कᳱ ᮧितिलिप अᮕेिषत/ Copy of the order forwarded to : 1. अपीलाथᱮ/ The Appellant 2. ᮧ᭜यथᱮ/ The Respondent 3. आयकर आयुᲦ/ CIT 4. िवभागीय ᮧितिनिध, आयकर अपीलीय आिधकरण, च᭛डीगढ़/ DR, ITAT, CHANDIGARH 5. गाडᭅ फाईल/ Guard File आदेशानुसार/ By order, सहायक पंजीकार/ Assistant Registrar