Capital Broadways P.Ltd, New Delhi V. ITO, Ward-5(3), New Delhi

ITA 9263/DEL/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 6152 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 3 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-03-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 28-11-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAGDISH SINGH
• Keywords: Opportunity of being heard

Judgement Text

I.T.A.No.9263/Del/2019 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “B” NEW DELHI BEFORE SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER आ .अ.स ं /.I.T.A No.9263/Del/2019 /Assessment Year: 2011-12 Capital Broadways P. Ltd. 26 A, MIG Flats, Motia Khan, Paharganj, New Delhi. ब म Vs. ITO Ward 5(3) New Delhi. PAN No. AADCC4481B अ Appellant /Respondent िनधा रतीक ओरसे /Assessee by Shri None राज वक ओरसे /Revenue by Shri Jagdish Singh, Sr. DR स ु नवाईक तारीख/ Date of hearing: 24.03.2022 उ ोषणाक तारीख/Pronouncement on 24.03.2022 आदेश /O R D E R PER C.N. PRASAD, J.M. This appeal is filed by the assessee against the order of Ld. CIT(Appeals)-2, New Delhi dated 13.09.2019 for AY 2011-12. 2. None appeared on behalf of the assessee, nor any adjournment was sought when the appeal was called for hearing today i.e. on 24.03.2022. We observe from the grounds of appeal that the assessee challenged the ex parte order passed by the Ld. CIT(A) though the assessee sought an adjournment. We have also perused the order of the Ld. CIT(Appeals) and noticed that the appeal was dismissed by the Ld. CIT(Appeals) for I.T.A.No.9263/Del/2019 2 non-compliance by the assessee following the decision of the Tribunal in the case of CIT vs. Multiplan India Ltd. 38 ITD 320. 3. On a query from the Bench the Ld. DR has no serious objection in sending back the matter to the Ld. CIT(Appeals) for deciding on merits. 4. On hearing the Ld. DR, we are of the view that this appeal should go back to the file of the Ld. CIT(A) for fresh adjudication on merits. Accordingly, this appeal is restored to the file of the Ld. CIT(A) for deciding afresh in accordance with law after providing adequate opportunity of being heard to the assessee. The assessee is directed to cooperate in the proceedings before the Ld. CIT(Appeals) without seeking unnecessary adjournments unless it is unavoidable. 5. In the result, the appeal of the assessee is allowed for statistical purpose. Order pronounced in the open court on 24/03/2022 Sd/- Sd/- (ANADEE NATH MISSHRA) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 24/03/2022 *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