Dharmender, New Delhi V. ITO Ward 4 5(7), New Delhi

ITA 872/DEL/2023

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 116036 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-09-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 03-09-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 27-03-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘B’, NEW DELHI BEFORE SH. N. K. BILLAIYA, ACCOUNTANT MEMBER AND SH. ANUBHAV SHARMA JUDICIAL MEMBER ITA No.872/Del/2023 Assessment Year: 2012-13 Dharmender A-71, Amar Colony Nangloi, New Delhi-10041 PAN No.AGOPC1093M Vs ITO Ward- 45 (7) New Delhi (APPELLANT) (RESPONDENT) Appellant by None Respondent by Sh. Vivek Kumar, Upadhyay, Sr DR Date of hearing: 04/09/2023 Date of Pronouncement: 04/09/2023 ORDER PER N. K. BILLAIYA, AM: This appeal by the assessee is preferred against the order dated 31.01.2023 by NFAC, Delhi pertaining to A.Y.2012-13. 2. The sum and substance of the grievance of the assessee is that the NFAC erred in dismissing the appeal in limine without affording a reasonable and adequate opportunity of being heard. 3. We have carefully perused the impugned order of the NFAC. We find that NFAC has dismissed the appeal without considering the merits of the case, therefore, in the interest of justice we restore the appeal to the files of the CIT(A) to be decided on merits 2 after affording a reasonable and adequate opportunity of being heard to the assessee. 4. In the result, the appeal of the assessee is allowed for statistical purpose. 5. Decision announced in the open court on 04.09.2023. Sd/- Sd/- [ANUBHAV SHARMA] [N.K. BILLAIYA] JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: .09.2023 *Neha* Copy forwarded to: 1. Appellant 2. Respondent 3. CITi 4. CIT(A) 5. DR Asst. Registrar ITAT, New Delhi