SAVISTA GLOBAL SOLUTIONS PVT. LTD.,NEW DELHI V. DCIT, CIRCLE-22(2), DELHI

ITA 2375/DEL/2024

AI Insights

The case involves Savista Global Solutions Pvt. Ltd., the appellant, contesting an order from the National Faceless Appeal Centre (NFAC) for the assessment year 2014-15. The appellant raised several grounds including the lack of proper hearing and erroneous disallowances of claims related to mark to market loss and MAT credit entitlement. The primary contention was that the NFAC had disposed of the appeal ex parte without adequate opportunity for the assessee to present their case. The Tribunal found that the notice for the hearing was mistakenly issued for the assessment year 2015-16 instead of 2014-15, leading to the decision to restore the appeal for a fresh hearing.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 470461 (ITAT-DELHI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-02-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2014-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANAND BHASKAR
• Assessee Lawyers: RANO JAIN
• Keywords: Opportunity of being heard; Non compliance

Judgement Text

"ITA No.2375/Del/2024 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “G” NEW DELHI BEFORE SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER AND SHRI M BALAGANESH, ACCOUNTANT MEMBER आ.अ.सं/.I.T.A No.2375/Del/2024 िनधा\tरणवष\t/Assessment Year:2014-15 Savista Global Solutions Pvt. Ltd., K-185/14, First Floor, Surya Plaza New Friends Colony, S.O. Zakir Nagar, New Delhi. PAN No.AABCN9158L बनाम Vs. DCIT, Circle-22(2), C.R. Building, Delhi. अपीलाथ\u0014 Appellant \u0016\u0017यथ\u0014/Respondent Assessee by Ms. Rano Jain, Adv. and Ms. Sakshi Rustagi, Adv. Revenue by Shri Anand Bhaskar, Sr. DR सुनवाईक\bतारीख/ Date of hearing: 21.02.2025 उ\u000eोषणाक\bतारीख/Pronouncement on 27.02.2025 आदेश /O R D E R PER C.N. PRASAD, J.M. This appeal is filed by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals), NFAC, Delhi dated 24/04/2024 for the AY 2014-15. Assessee raised the following grounds: - 1. “On the facts and circumstances of the case, the order passed by the national Faceless Appeal Centre (NFAC) is bad both in the eyes of law and on facts; ITA No.2375/Del/2024 2 2. (i) On the facts and circumstances of the case, NFAC has erred, both of facts and in law, in passing the order without giving assessee a proper and adequate opportunity of being heard. (ii) That the non compliance before the NFAC was on account of reasons beyond the control of the assessee. 3. On the facts and circumstances of the case, NFAC has erred, both on facts and in law, in passing the order Ex Parte without giving any finding on the merits of the case. 4. On the facts and circumstances of the case, NFAC has erred, both of facts and in law, in disallowing an amount of Rs.45,80,041/- claimed by assessee on account of mark to market loss. 5. On the facts and circumstances of the case, NFAC has erred, both of facts and in law, in not considering MAT credit entitlement, amounting to Rs.1,43,66,052/- available to the assessee. 6. The appellant craves leave to add, amend or alter any of the grounds of appeal.” 2. The Ld. Counsel for the assessee, at the outset, submits that the appeal of the assessee was disposed of ex parte by the Ld.CIT(Appeals) without giving adequate opportunity of being heard. Ld. Counsel submits that the Ld.CIT(A) in the order mentioned that the assessee has not replied for the notice dated 12/04/2024 nor filed any adjournment. Ld. Counsel submits that the reason for non reply to the notice dated 12/04/2024 was that for the relevant assessment year i.e. AY 2014-15 no notice dated ITA No.2375/Del/2024 3 12/04/2024 was issued. It is submitted that as a matter of fact the proceedings before the Ld.CIT(Appeals) were simultaneously going on for the assessment years 2014-15 and 2015-16. It is submitted that the notice dated 12/04/2024 was for the assessment year 2015- 16 and there was no notice for the AY 2014-15. The Ld. Counsel for the assessee placed on record relevant extract from ITBA portal showing that the notice dated 12/04/2024 was for the AY 2015-16. Therefore, the Ld. Counsel for the assessee request that the appeal be restored to the file of the Ld. CIT(A) for deciding the issues in appeal afresh after providing adequate opportunity of being heard. 3. On the other hand, the Ld. DR has no serious objection in restoring the appeal to the file of the Ld. CIT(A). 4. Heard rival submissions, perused the orders of the authorities below. The extract of the ITBA portal furnished before us shows that the notice dated 12/04/2024 was issued for the AY 2015-16 and not for the assessment year under appeal which is assessment year 2014-15. Taking the totality of facts and circumstances into consideration this appeal is restored to the file of the Ld. CIT(A) for fresh adjudication after providing adequate opportunity of being heard to the assessee. ITA No.2375/Del/2024 4 5. In the result, appeal of the assessee is allowed for statistical purpose. Order pronounced in the open court on 27.02.2025 Sd/- Sd/- (M BALAGANESH) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 27.02.2025 *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 "