Naveen Kumar Prop. M/s. K.S. Handloom Industries, Panipat V. ITO, Ward- 3 , Panipat

ITA 931/DEL/2019

AI Insights

The case involves an appeal by Sh. Naveen Kumar, the proprietor of M/s K.S. Handloom Industries, against the order of the ld. CIT(A), Karnal, which was dated 07.12.2018. The appeal was filed in response to the Assessment Order passed under section 144 of the Income Tax Act, which determined the total income of the assessee at Rs.42,26,448. The additions to the income were primarily due to cash deposits in the savings bank account of the assessee with ICICI Bank. The CIT(A) had dismissed the appeal on the grounds of non-appearance of the assessee before the AO during the remand proceedings. The Income Tax Appellate Tribunal (ITAT) found no prejudice to the revenue in providing another opportunity to the assessee and thus remanded the matter back to the CIT(A).

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 116338 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 5 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-07-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 07-06-2023
• Assessment Year: 2010-2011
• Appeal Filed On: 05-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’, NEW DELHI Before Dr. B. R. R. Kumar, Accountant Member Sh. Yogesh Kumar US, Judicial Member ITA No. 931/Del/2019 : Asstt. Year: 2010-11 Sh. Naveen Kumar, Prop. M/s K.S. Handloom Industries, C/o RRA Taxindia, D-28, South Extension, Part-1, New Delhi-110049 Vs. Income Tax Officer, Ward-3, Panipat, Haryana-132103 (APPELLANT) (RESPONDENT) PAN No. ANZPK4718K Assessee by : Sh. Tarun Kumar, Adv. Revenue by : Sh. Arvind Kr. Bansal, Sr. DR Date of Hearing: 08.06.2023 Date of Pronouncement: 31.07.2023 ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present appeal has been filed by the assessee against the order of ld. CIT(A), Karnal dated 07.12.2018. 2. The grounds and facts are akin to the appeal in ITA No. 933/Del/2019. 3. In the instant case, the Assessment Order has been passed u/s 144 determining the total income at Rs.42,26,448/-. The additions have been made mainly on account of cash deposits and the savings bank account of the assessee maintaining with ICICI Bank. 4. The ld. CIT(A) dismissed the appeal of the assessee on the grounds that the assessee did not appear before the AO in ITA No. 931/Del/2019 Naveen Kumar 2 response to the notices issued by the AO in the remand proceedings. 5. Before us, it was pleaded that given an opportunity, due compliance would be made before the ld. CIT(A). The ld. DR objected in principle. 6. We find no prejudice would be caused to the revenue if an opportunity be given to the assessee. Hence, in the interest of justice, we remand the matter to the file of ld. CIT(A) to adjudicate the issue afresh. The revenue authorities would be at liberty to initiate penalty proceedings in case of non-compliance by the assessee to the notices issued. 7. In the result, the appeal of the assessee is allowed for statistical purposes. Order Pronounced in the Open Court on 31/07/2023. Sd/- Sd/- (Yogesh Kumar US) (Dr. B. R. R. Kumar) Judicial Member Accountant Member Dated: 31/07/2023 *Subodh Kumar, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR