Nishit Fincap P. Ltd., Delhi V. ITO ward 18(3), New Delhi

MA 137/DEL/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 3887 (ITAT-DELHI)
• Duration Of Justice: 9 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-06-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2010-2011
• Appeal Filed On: 22-08-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Opportunity of being heard; Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’, NEW DELHI BEFORE SH. N. K. BILLAIYA, ACCOUNTANT MEMBER AND SH. ANUBHAV SHARMA, JUDICIAL MEMBER MA No.137/Del/2021 (In ITA No.7646/Del/2019) Assessment Year: 2010-11 Nishit Fincap P. Ltd. B-1/14, Rana Pratap Bagh, Delhi-110007 PAN No.AAACN3687M Vs ITO Ward 18 (3) New Delhi (APPELLAN (RESPONDENT) Appellant Sh. Suresh K. Gupta, CA Respondent Ms. Garima Sharma, Sr. DR Date of hearing: 17/06/2022 Date of Pronouncement: 17/06/2022 ORDER PER N.K. BILLAIYA, AM: This miscellaneous Application by the assessee is directed towards the order of this Tribunal in ITA No.7646/Del/2019 for A.Y.2010-11. 2. The assessee claims that the Tribunal had not addressed to the legal grounds raised in the appeal considered by the Tribunal while disposing the appeal in ITA No.7646/Del/2019. It is prayed 2 to recall the order to give finding of other legal ground raised in the memo of appeal in Form No.36. 3. We have carefully perused the order of this Tribunal in ITA No.7646/Del/2019 dated 05.01.2021. It would be pertinent to refer to the substantive findings of this Tribunal which reads as under :- 6. In our considered view all the decisions relied upon by the Counsel are facts specific. The peculiar facts of the case in hand is that there is material difference between the reasons extracted in the assessment order and the reasons recorded for reopening the assessment found in the assessment record. In the in the interest of the justice and fair play, we restore this issue to the files of the AO. The AO is directed to frame the assessment as per reasons recorded for reopening the assessment and supply the copy o f the same reasons to the assessee, so that the assessee can defend itself. xxxxx 8. Coming to the merits of the appeal, we find that the appellant has furnished plethora of evidences which have not been considered by the AO. We find that there is not even a whisper of the evidences 3 filed by the assessee during the course of the reassessment proceedings, neither in the assessment order nor in the order of the First Appellate Authority. Therefore, again in the interest of justice and fair play we restore this issue to the files of the AO. The AO is directed to examine and verify all the documentary evidences furnished by the assessee and decide the issue afresh after giving reasonable and sufficient opportunity of being heard. Needless to mention, the AO shall also supply the materials collected during some search proceedings which have been used against the assessee and also any statement recorded behind the back of the assessee. 9. With these directions, the grounds on merit are also set- aside to the files of the AO and are allowed for statistical purposes. 4. A perusal of the above clearly show that the Tribunal after considering the grievance from all possible angles have set aside the matter to the files of the AO which means that both the sides are at liberty to put forth any issue deemed fit. 5. We, therefore, do not find any merit in the miscellaneous application of the assessee the same is accordingly dismissed. 4 Decision announced in the open court on 17.06.2022. Sd/- Sd/- (ANUBHAV SHARMA) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER *NEHA, Sr. Private Secretary* Date:- .06.2022 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI Date of dictation Date on which the typed draft is placed before the dictating Member Date on which the typed draft is placed before the Other member Date on which the approved draft comes to the Sr.PS/PS Date on which the fair order is placed before the Dictating Member for Pronouncement Date on which the fair order comes back to the Sr. PS/ PS Date on which the final order is uploaded on the website of ITAT 17.06.2022 Date on which the file goes to the Bench Clerk Date on which file goes to the Head Clerk. The date on which file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order