Income Tax Appellate Tribunal - Delhi
Vini Financial & Management Pvt. Ltd., ... vs Department Of Income Tax on 5 October, 2015
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH 'H
'H' : NEW DELHI
BEFORE SHRI G.C. GUPTA,
GUPTA, VICE PRESIDENT AND
SHRI PRASHANT MAHARISHI,
MAHARISHI, ACCOUNTANT MEMBER
ITA No.
No.2730/Del/2011
Assessment Year : 2004-
2004-05
Income Tax Officer, Vs. M/s Vini Financial & Management
Ward-
Ward-17(3), Pvt.Ltd.,
New Delhi. R.O. 302, Kirti Deep,
Nangal Raya,
New Delhi.
PAN : AABCV8357P.
(Appellant) (Respondent)
Appellant by : Shri J.P. Chandrekar, Sr.DR.
Respondent by : None.
Date of hearing : 07.09.2015
07.09.2015
Date of pronouncement : 05.10.2015
ORDER
PER G.C. GUPTA, GUPTA, VP :
This appeal by the Revenue for the assessment year 2004-05 is directed against the order of learned CIT(A)-XIX, New Delhi dated 7th March, 2011.
2. At the time of hearing of the appeal, none appeared on behalf of the assessee-respondent and, therefore, the appeal of the Revenue is being decided ex parte qua the assessee-respondent on merits after hearing the learned DR.
3. The grounds of appeal of the Revenue are as under:-
2 ITA-2730/Del/2011 "1. On the facts and circumstances and in law the ld.CIT(A) erred in allowing appeal of the assessee, who, even did not file the return of income in compliance to the notice u/s 148, without placing any reasonable cause before the Assessing Officer for non compliance of the said notice.
2. On the facts and circumstances and in law the ld.CIT(A) erred in allowing appeal of the assessee, who did not comply with the notices issued under section 142(1) of the IT Act, without placing any reasonable cause before the Assessing Officer for non compliance of the said notice, despite adequate opportunities allowed.
3. On the facts and circumstances and in law the ld.CIT(A) erred in allowing appeal of the assessee, without confronting the submissions of the assessee and its objections to reasons recorded to the Assessing Officer.
4. On the facts and circumstances and in law the ld.CIT(A) erred in allowing appeal of the assessee, without appreciating that the assessee had committed offence in non production of books of accounts and other documents, without a reasonable cause, which is an offence punishable by rigorous imprisonment under section 276D of the IT Act.
5. On the facts and circumstances and in law the ld.CIT(A) erred in allowing appeal of the assessee, without appreciating that the assessee had committed offence in non furnishing of return of income, without a reasonable cause, which is an offence punishable by rigorous imprisonment under section 276CC of the IT Act.
6. On the facts and circumstances and in law the ld.CIT(A) erred in allowing appeal of the assessee, without appreciating that the assessee had willfully evaded to comply with the terms of notice dated 22/4/2008 issued under section 148, and the notices issued under section 142(1) of the IT Act, despite that one Sh. Partap Gupta, CA appeared during the assessment proceedings and signed the Note Sheet entry dated 24.8.2009 as having noted the requirement of filing the return of income and the details as per questionnaire dated 7/7/2009."
3 ITA-2730/Del/2011
4. Learned DR submitted that even after the issue of notice u/s 148 of the Income-tax Act, 1961, the assessee has not even filed the return of income and, therefore, ex parte assessment u/s 144 of the Act was made by the Assessing Officer.
5. We have heard the submissions of the learned DR and have perused the order of the Assessing Officer and the learned CIT(A). We find that even after the issue of notice u/s 148, no return of income was filed by the assessee. Learned CIT(A) has decided the issue in favour of the assessee ignoring the fact that the assessee has not placed evidence before the Assessing Officer at the stage of the assessment proceedings. The assessee seems to be non-cooperative and has not appeared before the Tribunal on the date of hearing on past many occasions also. In these facts of the case, we are of the view that it shall be appropriate to set aside the orders of authorities below to the file of the Assessing Officer with direction to frame a de novo assessment in accordance with law after allowing due opportunity of hearing to the assessee. The assessee is directed to cooperate with the Assessing Officer in the matter of finalization of the assessment and shall be at liberty to produce evidence in support of its case before the Assessing Officer. We direct accordingly.
6. In the result, the appeal of the Revenue is allowed for statistical purposes.
Decision pronounced in the open Court on 5th October, 2015.
Sd/- Sd/-
(PRASHANT MAHARISHI)
MAHARISHI) (G.C.
(G.C. GUPTA)
GUPTA)
ACCOUNTANT MEMBER VICE PRESIDENT
PRESIDENT
VK.
4 ITA-2730/Del/2011
Copy forwarded to: -
1. Appellant : Income Tax Officer, Ward-
Ward-17(3), New Delhi.
2. Respondent : M/s Vini Financial & Management Pvt.Ltd., R.O. 302, Kirti Deep, Nangal Raya, New Delhi.
3. CIT
4. CIT(A)
5. DR, ITAT Assistant Registrar