Advance India Shares & Securities Pvt Ltd, New Delhi V. ITO WARD - 1(3), New Delhi

ITA 8483/DEL/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 2349 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 4 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-03-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 30-10-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: FARAT KHAN
• Keywords: Set aside

Judgement Text

I.T.A.NO.8483/DEL/2019 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC-2 NEW DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI B.R.R. KUMAR, ACCOUNTANT MEMBER . . /. I.T.A NO.8483/DEL/2019 / ASSESSMENT YEAR: 2015-16 ADVANCE INDIA SHARES & SECURITIES PVT. LTD., A-66, 2 ND FLOOR, GURU NANAK PURA, VIKAS MARG, LAXMI NAGAR, NEW DELHI. VS. ITO WARD 1(3) NEW DELHI. PAN NO. AAFCA6229B APPELLANT / RESPONDENT /ASSESSEE BY NONE /REVENUE BY SH. FARAT KHAN, ADDL. CIT DR / DATE OF HEARING: 1 1 .03.2021 /PRONOUNCEMENT ON 11 .03.2021 /O R D E R PER BHAVNESH SAINI, J.M. THIS APPEAL BY ASSESSEE HAS BEEN DIRECTED AGAINST THE ORDER OF LD. CIT(A)-1, NEW DELHI DATED 15.07.2019 FOR AY 2015-16 . 2. WE HAVE HEARD LD. DR AND PERUSED THE FINDINGS OF THE AUTHORITIES BELOW. 3. IN THIS CASE, LD. CIT(A) NOTED IN THE IMPUGNED O RDER THAT VARIOUS OPPORTUNITIES HAVE BEEN GIVEN TO ASSESSEE TO ARGUE THE APPEAL. HOWEVER, ASSESSEE DID NOT ATTEND THE APPELLATE PROCEEDINGS. THEREFORE, APPEAL OF ASSESSEE WAS DISMISSED FOR DEFAULT. I.T.A.NO.8483/DEL/2019 2 3. AFTER CONSIDERING THE SUBMISSION OF THE LD. DR, WE ARE OF THE VIEW THAT MATTER REQUIRES RECONSIDERATION AT THE LEVEL O F THE LD. CIT(A). 4. ACCORDING TO SECTION 250(6) OF THE I.T. ACT, LD. CIT(A) IS REQUIRED TO MENTION POINT FOR DETERMINATION AND REASONS FOR DEC ISION IN THE APPELLATE ORDER WHILE DECIDING THE APPEAL OF THE ASSESSEE. H OWEVER, THE LD. CIT(A) INSTEAD OF DECIDING THE APPEAL ON MERITS DISMISS TH E APPEAL OF ASSESSEE IN DEFAULT. THE ORDER OF LD. CIT(A), THEREFORE, CANNO T BE SUSTAINED IN LAW. 5. IN VIEW OF THE ABOVE, WE SET ASIDE THE IMPUGNED ORDER AND RESTORE BACK THE MATTER IN ISSUE TO THE FILE OF LD. CIT(A) WITH DIRECTION TO RE- DECIDE THE APPEAL OF ASSESSEE ON MERITS GIVING REAS ONS FOR DECISION IN THE APPELLATE ORDER BY GIVING REASONABLE SUFFICIENT OPP ORTUNITY OF BEING HEARD TO THE ASSESSEE. 6. IN THE RESULT, THE APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 11/03/2021 SD/- SD/- (B.R.R. KUMAR) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 11.03.2021 * KAVITA ARORA, SR. P.S. COPY OF ORDER SENT TO- ASSESSEE/AO/PR. CIT/ CIT (A) / ITAT (DR)/GUARD FILE OF ITAT. BY ORDER ASSISTANT REGISTRAR, ITAT: DELHI BENCHES-DELHI