Sarat Jain, Noida V. DCIT, Circle- 3, Noida

ITA 863/DEL/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 3079 (ITAT-DELHI)
• Duration Of Justice: 6 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-08-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 05-02-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: AGAINST IMPUGNED DATED PASSED
• Section: 143(3)

Judgement Text

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F + SMC: NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NO. 863/DEL/2018 ASSTT. YEAR: 2013-14 O R D E R PER AMIT SHUKLA, J.M.: THE AFORESAID APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST IMPUGNED ORDER DATED 30.11.2017, PASSED BY LD. CIT (APPEALS) NOIDA FOR THE QUANTUM OF ASSESSMENT U/S 143(3) FOR THE ASSESSMENT YEAR 2013-14. 2 IN THE GROUNDS OF APPEAL THE ASSESSEE HAS STATED THAT IT HAD FILED ADJOURNMENT APPLICATION ON THE FIRST DATE OF HEARING BEFORE CIT (A), I.E., 27.7.2017 AND THE APPEAL WAS DISMISSED ON 30.11.2017 WITHOUT GIVING ANY FURTHER NOTICE. APART FROM THAT, ASSESSEE HAS ALSO MR. SARAT JAIN, KASHYAP & CO., CAS, 214, CITI CENTER, BEGUM BRIDGE ROAD, MEERUT UTTAR PRADESH 250 001 VS. D CIT CIRCLE 3 NOIDA PAN AAJPJ3756D (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI P.S. KASHYAP, SR. DR DEPARTMENT BY : SHRI S.L. ANURAGI, SR. DR DATE OF HEARING 21/08 /201 8 DATE OF PRONOUNCEMENT 28 / 08 /2018 2 CHALLENGED ADDITION OF RS. 10,50,000/- MADE U/S 68. BEFORE US, LD. COUNSEL SUBMITTED THAT, LD. CIT (A) HAS DISMISSED THE APPEAL FOR WANT OF PROSECUTION, AFTER REJECTING THE ADJOURNMENT APPLICATION ON THE GROUND THAT THE REASON GIVEN IN THE ADJOURNMENT APPLICATION WAS NOT VALID. 3. LD. DR ON THE OTHER HAND SUBMITTED THAT MATTER CAN BE RESTORED BACK TO THE FILE OF THE LD. CIT (A) TO DECIDE AFRESH. 4. ON PERUSAL OF THE IMPUGNED ORDER, WE FIND THAT LD. CIT (A) HAS NOTED THAT ASSESSEE HAS FILED ADJOURNMENT APPLICATION ON 27.7.2017, WHEREIN IT WAS SUBMITTED THAT THE AUTHORIZED REPRESENTATIVE COULD NOT APPEAR DUE TO LAST DATE OF FILING OF RETURN OF INCOME WHICH WAS DUE ON 31 ST JULY, 2017 AND HENCE HE COULD NOT PREPARE THE CASE. LD. CIT (A) HAS HELD THAT THIS IS NOT A VALID REASON AND THEREFORE, HE DISMISSED THE APPEAL FOR NON PROSECUTION WITHOUT DECIDING THE APPEAL ON MERITS. UNDER THESE FACTS AND CIRCUMSTANCES AND IN THE INTEREST OF JUSTICE, WE FEEL THAT THE ENTIRE ISSUE OF ADDITION OF RS. 10,50,000/- MADE U/S 68 SHOULD BE RESTORED BACK TO THE FILE OF THE LD. CIT(A) TO BE DECIDED AFRESH AFTER GIVING DUE OPPORTUNITY TO THE ASSESSEE. WE ORDER ACCORDINGLY. 5. IN THE RESULT APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 28 TH AUGUST, 2018. SD/- SD/- (PRASHANT MAHARISHI) (AMIT SHUKLA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 28/08/2018 VEENA 3 COPY FORWARDED TO 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI