M/S. GOODLUCK INDIA LTD.,NEW DELHI V. INCOME TAX OFFICER, NEW DELHI

ITA 539/DEL/2025

AI Insights

The case involves M/s. Goodluck India Ltd, the successor entity of M/s. Novalty Enterprises (P) Ltd, appealing against an order from the National Faceless Appeal Centre (NFAC) which itself was based on an earlier assessment by the Income Tax Officer under sections 143(3) read with 147C of the Income-tax Act, 1961. The primary issues in the appeal included the addition of Rs 1,25,00,000 as share capital and share premium under section 68 of the Act, and the validity of the jurisdiction assumed under section 147 by the Assessing Officer. A significant preliminary issue was the exparte nature of the CIT(A)'s order, which was passed without securing the presence of the assessee.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 315589 (ITAT-DELHI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-05-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJESH KUMAR DHANESTA
• Assessee Lawyers: SOMIL AGARWAL
• Keywords: Opportunity of being heard
• Section: 147; 143(3); 68

Judgement Text

"Page | 1 INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “B”: NEW DELHI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI YOGESH KUMAR U.S., JUDICIAL MEMBER ITA No. 539/Del/2025 (Assessment Year: 2012-13) M/s. Goodluck India Ltd, (The Seccessor entity of M/s. Novalty Enterprises (P) Ltd), 509, Arunachal Building, Barakhamba Road, Connaught Place, New Delhi-110006 Vs. Income Tax Officer, Ward-18(4), New Delhi (Appellant) (Respondent) PAN: AAACG3204D Assessee by : Shri Somil Agarwal, Adv Revenue by: Shri Rajesh Kumar Dhanesta, Sr. DR Date of Hearing 14/05/2025 Date of pronouncement 14/05/2025 O R D E R PER M. BALAGANESH, A. M.: 1. The appeal in ITA No.539/Del/2025 for AY 2012-13, arises out of the order of the National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as ‘ld. NFAC’, in short] in Appeal No. ITBA/NFAC/S/250/2023- 24/1058798998(1) dated 15.12.2023 against the order of assessment passed u/s 143(3) r.w.s. 147C of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 04.12.2019 by the Assessing Officer, ITO, Ward-18(4), New Delhi (hereinafter referred to as ‘ld. AO’). 2. At the outset, we find that there is a delay in filing of appeal by the assessee before us by 335 days. Considering the reasons adduced in the condonation petition, we are inclined to condone the delay and admit the appeal of the assessee for adjudication. ITA No. 539/Del/2025 M/s. Goodluck India Ltd Page | 2 3. The assessee has challenged the addition made in the sum of Rs 1,25,00,000/- on account of share capital and share premium under section 68 of the Act. The assessee had also challenged the validity of assumption of jurisdiction under section 147 of the Act by the Learned AO. But the preliminary ground raised by the assessee is that the Learned CIT(A) had passed an exparte order without securing the presence of the assessee. We deem it fit to address this preliminary ground first as it goes to the root of the matter. 4. We have heard the rival submissions and perused the materials available on record. On perusal of the order of the ld NFAC, we find that the ld NFAC had dismissed the appeal of the assessee for non-appearance and having done so, proceeded to adjudicate the issue on merits by simply reiterating what has been done by the Learned AO. No independent findings were given by the Learned NFAC. Hence, in the interest of justice and fairplay, we deem it fit and appropriate to restore this appeal to file of ld NFAC for de novo adjudication in accordance with law. Needless to mention the assessee be given reasonable opportunity of being heard. The assessee is directed to cooperate with ld NFAC for expeditious disposal of the appeal by not taking unwarranted adjournments. Hence, the grounds raised by the assessee are allowed for statistical purposes. 5. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 14/05/2025. -Sd/- -Sd/- (YOGESH KUMAR U.S.) (M. BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated:14/05/2025 A K Keot ITA No. 539/Del/2025 M/s. Goodluck India Ltd Page | 3 Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi "