RECKON INDUSTRIES LTD,DELHI V. DCIT CIRCLE-19(1), DELHI

ITA 5359/DEL/2024

AI Insights

The case involves Reckon Industries Limited appealing against an order from the National Faceless Appeal Centre (NFAC), which arose from an assessment order by the NeAC under Section 147 read with Section 144B of the Income Tax Act, 1961, for the Assessment Year 2017-18. The primary contention was that the documents provided by the assessee were not adequately considered by the AO, leading to an ex-parte order confirming the additions made. The Tribunal, upon hearing the arguments and noting the lack of proper consideration of the assessee's documents, decided to remit the case back to the AO for a fresh assessment, emphasizing the need for a fair hearing and proper evaluation of all evidence.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 397264 (ITAT-DELHI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-05-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2017-2018
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: HARPREET KAUR HANSRA
• Assessee Lawyers: SUSHIL CHADHA
• Keywords: Opportunity of being heard
• Section: 147

Judgement Text

"P a g e | 1 ITA No.5359/Del/2024 Reckon Industries Limited (AY: 2017-18) THE INCOME TAX APPELLATE TRIBUNAL “F” BENCH, DELHI BEFORE MS. MADHUMITA ROY, JUDICIAL MEMBER & SHRI KHETTRA MOHAN ROY, ACCOUNTANT MEMBER ITA No.5359/Del/2024 (Assessment Year 2017-18) Reckon Industries Limited, 111, 1st Floor, Tribhuvan Complex, Mathura Road, Iashwar Nagar, NCT of Delhi - 110065 Vs. Commissioner of Income Tax, Circle 19(1) CR Building New Delhi- 110002 \u0001थायीलेखासं./जीआइआरसं./PAN/GIR No: AAACG3229L Appellant .. Respondent Appellant by : Sh. Sushil Chadha, CA Respondent by : Ms. Harpreet Kaur Hansra, Sr. DR Date of Hearing 29.05.2025 Date of Pronouncement 30.05.2025 O R D E R PER MADHUMITA ROY, JM: The instant appeal filed by the assessee is directed against the order dated 29.09.2024 passed by the National Faceless Appeal Centre (NFAC), Delhi, arising out of the Assessment Order dated 22.05.2023 passed by the NeAC, under Section 147 r.w.s 144B of the Income Tax P a g e | 2 ITA No.5359/Del/2024 Reckon Industries Limited (AY: 2017-18) Act, 1961 (hereinafter referred to as ‘the Act’) for Assessment Year 2017- 18. 2. Before the Ld. CIT(A) the assessee could not appear and the order was passed ex-parte confirming the addition made by the Ld. AO. It was further pointed by him that the documents in respect of the case made out by the assessee were though duly furnished before the Ld. AO that has not been taken into consideration in its proper perspective and addition has been confirmed. 3. In that view of the matter, it is prayed by the Ld. AR to remit the issue to the file of the Ld. AO for deciding the issue afresh upon granting an opportunity of being heard to the assessee and upon considering the evidences on record or any other evidence which the assessee may chose to file at the time of hearing of the matter. Such prayer made by the Ld. AR has not been controveted by the Ld. DR with all her fairness. 4. Having heard the Ld. Counsels appearing for the parties and having regard to the facts and circumstances of the matter, in order to prevent the miscarriage of justice we dispose of the issue by remitting the same to the file of the Ld. AO for consideration of the same afresh upon granting an opportunity of being heard to the assessee and upon considering the evidences on record or any other evidence which the assessee may chose to file at the time of hearing of the matter. It is also made clear that if the assessee does not cooperate with the Ld. CIT(A), P a g e | 3 ITA No.5359/Del/2024 Reckon Industries Limited (AY: 2017-18) the said authority would be at liberty to dispose of the issue strictly in accordance with law. 5. The appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 30.05.2025 Sd/- (Khettra Mohan Roy) Sd/- (Madhumita Roy) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated 30.05.2025 Rohit, Sr. PS Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI "