Income Tax Appellate Tribunal - Delhi
J.A. Financial & Management ... vs Assessee
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH: 'D' NEW DELHI
BEFORE SHRI R. P. TOLANI, JUDICIAL MEMBER
AND
SHRI J. S. REDDY, ACCOUNTANT MEMBER
I.T.A. No.6237/Del/2012)
Assessment Years: 2007-08
J.A. Financial & Management Vs. ITO
Consultants Pvt. Ltd. Ward -4 (1)
F-1/127, Rohini, Sector-11 New Delhi.
New Delhi.
PAN: AAACJ0127E
(APPELLANT) (RESPONDENT)
Assessee by: Shri.K. Sampath, Adv.
Revenue by: Shri D.K. Mishra, DR.
ORDER
PER J. S. REDDY, AM:
This is an appeal filed by the assessee directed against the order of CIT (A) -VII, New Delhi, dated 15.9.2010 for the assessment year 2007-08 on the following grounds:
That on the facts and in the circumstances of the case and in law the authorities below erred in-
1. Precipitately dismissing the appeal of the assessee without providing adequate and reasonable opportunity of being heard:2 ITA No. 6237/Del/2012
2. Construing following sums as unexplained and making addition u/s 68 of the Act:-
i) Rs.39,50,000/- on account of unsecured loans;
ii) Rs.1,26,65,500/- on account of share application money received:
iii) Rs.74,46,166/- on account of advance from customer.
3. In making disallowance in a sum of Rs.66,395/- u/s 14A of the Act:
4. In disallowing depreciation amounting to Rs.3,15,372/-. All the above actions being most arbitrary, erroneous and untenable, it is prayed that the same must be quashed.
2. We have heard Shri K. Sampath, ld. counsel for the assessee and Shri D.K. Mishra, the ld. CIT, DR on behalf of the revenue.
3. On a careful consideration of the contentions of both the parties, we are of the considered opinion that this appeal has to be restored to the file of the CIT (A)- VII, New Delhi for fresh adjudication on the grounds of natural justice for the reasons that, the order has been passed ex parte. Mr. K. Sampath has explained the reasons for which the assessee was not able to present itself before the CIT (A) during the appellate proceedings. The ld. Departmental representative did not have any objection was sending the matter back to the CIT (A) -VII, New Delhi, but pointed out that the assessee has not filed statement of fact nor given details in its appeal before 3 ITA No. 6237/Del/2012 the CIT (A) or before the Tribunal. Though not objecting to the matter being setting aside to the file of the CIT (A), the ld. CIT, DR pointed out that the management of the company changed on 22.4.08 and assessment order was passed after the change in management on 21.12.2009 u/s 143 (3). He submitted that the assessee should be directed to file all necessary papers in this case, including statement of facts.
4. Keeping in view the submission, we direct assessee to present itself before the CIT (A)-VII, New Delhi and obtained the notice of hearing and also to file all necessary details. The assessee shall co-operate in the appellate proceedings, lest the CIT (A) may proceed ex parte. With these observations the assessee of the appeal is allowed for statistical purposes.
Order pronounced in the open Court on 9th/05/2013.
Sd/- Sd/-
( R. P. TOLANI ) (J. S. REDDY)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Dated 9/05/2013
*AK VERMA*
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(Appeals)
5. DR: ITAT
ASSISTANT REGISTRAR