M/s Aerens Buildwell Ltd., New Delhi V. ACIT, New Delhi

ITA 897/DEL/2011

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 3499 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-07-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 20-07-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 17-02-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANUSHA KHURANA
• Keywords: Opportunity of being heard

Judgement Text

I THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH A NEW DELHI) BEFORE SHRI R.P. TOLANI, JUDICIAL MEMBER AND SHRI B.K. HALDAR, ACCOUNTANT MEMBER I.T.A. NO.897/DEL/2011 ASSESSMENT YEAR : 2006-07 M/S AERENS BUILDWELL LTD., ACIT, G056, GREEN PARK, CENTRAL CIRCLE-8, NEW DELHI. V. NEW DELHI. (APPELLANT) (RESPONDENT) PAN /GIR/NO. PAN /GIR/NO. PAN /GIR/NO. PAN /GIR/NO.AACCA AACCA AACCA AACCA- -- -3045 3045 3045 3045- -- -N NN N APPELLANT BY : SHRI RAJESH JAIN, C.A. RESPONDENT BY : SMT. ANUSHA KHURANA, SR. DR. ORDER PER B.K. HALDAR, AM: THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF LD CIT(A)-II, DELHI DATED 30.11.2010 FOR ASSESSMENT YEAR 2 006-07. THE APPELLANT HAS TAKEN FOLLOWING GROUNDS OF APPEALS:- 1. THAT THE LD CIT(A) HAS ERRED IN DECIDING THE CASE WIT HOUT GIVING PROPER OPPORTUNITY OF BEING HEARD AND DISMISSING THE SA ME ON THE GROUND OF NON PROSECUTION. 2. THAT THE LD CIT(A) HAS ERRED IN LAW AND ON FACTS IN H OLDING THAT THE ASSESSING OFFICER WAS JUSTIFIED IN MAKING AN ADDITION OF `.5,52,383/- BY DISALLOWING THE LOSS TREATING THE SAME AS CAPITAL LOSS. 3. THAT THE IMPUGNED APPELLATE ORDER IS ARBITRARY, ILLE GAL, BAD IN LAW AND IN VIOLATION OF RUDIMENTARY PRINCIPLES OF CONTEM PORARY JURISPRUDENCE. 4. THAT THE APPELLANT CRAVES LEAVE TO ADD/ALTER ANY/ALL GROUNDS OF APPEAL BEFORE OR AT THE TIME OF THE HEARING OF THE APPEAL. PAGE 2 OF 3 ITA NO987/DEL/11 2. AT THE TIME OF HEARING, IT WAS CONTENDED BY THE L D AR FOR THE ASSESSEE THAT MISTAKENLY THE ADDRESS OF THE ASSESSEE WAS MENTIO NED AT G-88, GREEN PARK WHEREAS IT SHOULD HAVE BEEN G-56, GREEN PARK MAIN. DUE TO THE ABOVE, THE NOTICES ISSUED BY THE LD CIT(A) WERE NOT RECEIVED BY THE APPELLANT. THUS, NOBODY COULD ATTEND THE HEARING BEFORE THE LD CIT(A). IT WAS, THEREFORE, REQUESTED TH AT THE CASE MAY PLEASE BE REMITTED BACK TO THE FILE OF THE LD CIT(A) . THE LD DR DID NOT HAVE ANY SERIOUS OBJECTION TO THE ABOVE PRAYER OF THE LD AR FOR THE ASSESSEE. 3. IN VIEW OF THE ABOVE, WE SET ASIDE THE IMPUGNED OR DER OF THE LD CIT(A) AND REMIT THE MATTER BACK TO HIS FILE WITH TH E DIRECTION THAT A FRESH ORDER BE PASSED AS PER LAW AFTER GIVING THE APPE LLANT ADEQUATE OPPORTUNITY OF BEING HEARD. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. 5. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE O F HEARING I.E. 20 TH JULY, 2011. SD/- SD/- (R.P. TOLANI) (B.K. HALD AR) JUDICIAL MEMBER ACCOUNTANT MEMBER DT.20.7.2011. HMS COPY FORWARDED TO:- 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT (A)-, NEW DELHI. 5. THE DR, ITAT, LOKNAYAK BHAWAN, KHAN MARKET, NEW DEL HI. TRUE COPY. BY ORDER (ITAT, NEW DELHI). PAGE 3 OF 3 ITA NO987/DEL/11 DATE OF HEARING 20.7.2011 DATE OF DICTATION 20.7.2011 DATE OF ORDER SIGNED BY THE HON'BLE MEMBER. 20.7.2011 DATE OF ORDER SENT TO THE CONCERNED BENCH 20.7.2011