TEAMASIA MARKETING PRIVATE LIMITED,DELHI V. ITO, WARD 25(2), DELHI

ITA 2056/DEL/2023

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 22901 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 2 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-10-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: H
• Next Hearing Date: 29-08-2024
• Assessment Year: 2012-2013
• Appeal Filed On: 18-07-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAPNA BHATIA
• Assessee Lawyers: VINOD KUMAR BINDAL
• Keywords: Opportunity of being heard; Principle of natural justice; Competent authority; Bogus
• Section: 143(3); 68

Judgement Text

" 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘H’, NEW DELHI BEFORE SH. PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER AND SH. SUDHIR KUMAR, JUDICIAL MEMBER ITA No.2056/Del/2023 Assessment Year: 2012-13 Teamasia Marketing Private Limited, 5952-53/3, Hardhyan Singh Road, Karol Bagh, Delhi PAN No.AACCT 4957E Vs. ITO Ward- 25 (2) New Delhi (APPELLANT) (RESPONDENT) Appellant by Sh. Vinod Kumar Bindal, CA Ms. Rinky Sharma, ITP Respondent by Ms. Sapna Bhatia, CIT DR Date of hearing: 29/08/2024 Date of Pronouncement: 03/10/2024 ORDER PER SUDHIR KUMAR, JM: This appeal by the assessee is directed against the order of the Commissioner of Income Tax (Appeals)/NFAC, Delhi [hereinafter referred to as “CIT(A)”] vide order dated 31.05.2023 pertaining to A.Y. 2012-13 pertaining to arises out of the assessment order dated 25.11.2019 under section 143(3) /147 2 of the IT Act, 1961 of the Income Tax Act 1961 [hereinafter referred as ‘the Act’]. 2. The brief facts of the case are that the assessee is a trader of PU Leather Cloth. The assessee has filed his return of income regularly. The assessee has sold goods to M/S Dhawan Trade Corporation and received RTGS of Rs 1,16,50,000/-against the good sold. The AO has observed that in the bank account there were high value cash transactions in the account. The matter was reported to the jurisdictional AO who has issued the notice dated 30-03-2019 u/s.148 of the Act with prior approval from competent authority. The Assessing officer has made the addition of Rs.11650000/- on account of bogus transaction and concealed income by order dated 25-11-2019. Aggrieved by the order of the assessing officer the assessee has filed the appeal before the Ld CIT(A) who vide his order dated 31-05-2023 dismissed the appeal. 3. Aggrieved by the order of the Ld CIT(A) the assessee is in appeal before us by raising the following grounds (ITA No.2056/Del/2023):- 1. Bogus Transaction and Concealed Income On the facts and circumstances of the case, the Ld. ITO, Ward 25 (2) has erred in making an addition of 3 Rs.11650000/- on account of bogus transaction and concealed income u/s. 68 which is against law and liable to be deleted. 2. Bogus Transaction and Concealed Income The order is passed without giving sufficient opportunity. Hence the same is bad in law and also against the Law of Natural Justice. 3. Bogus Transaction and Concealed Income The assessee reserves the right to add/ amend any one or more Ground of Appeal. 4. The ld AR of the assessee has submitted that the accountant of the Company Mr Prakash Bhat was suffering from COVID during the period from January 2023 till May 2023 and he could not check the emails on the income tax web portal of the assessee company. He has further submitted that the Ld CIT(A) has passed the order in non-compliance. 5. The Ld. DR has submitted the during the appellate proceedings five notices were issued but the assessee has not appeared before the Ld CIT(A). He has further submitted that Ld CIT(A) has passed the order on merits. 6. We have heard the rival arguments and perused the material available on record. We find that the facts of the cases there are no 4 denial that NFAC has decided the appeal ex-parte because the ld AR of the assessee has not attended the proceedings due to illness. 7. In the interest of justice and fair play we deem it fit to restore the appeal to the files of the Ld CIT(A). The Ld. CIT(A) is directed to decide the issue afresh after affording a reasonable and adequate opportunity of being heard to the assessee after service of proper notice. 8. In the result, the appeal of the assessee is allowed for statistical purpose. Order pronounced in the open court on 03.10.2024. Sd/- Sd/- (PRADIP KUMAR KEDIA) (SUDHIR KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER *NEHA, Sr. PS* Date:-03.10.2024 Copy forwarded to: 1.Appellant 2.Respondent 3.CIT 4.CIT(Appeals) ` 5.DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI "