Income Tax Appellate Tribunal - Delhi
Cag Shipping Private Limited,Delhi vs Acit, Circle-4(2), New Delhi on 27 February, 2025
INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH "B": NEW DELHI
BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER
AND
MS MADHUMITA ROY, JUDICIAL MEMBER
ITA No. 4431/Del/2024
(Assessment Year: 2021-22)
CAG Shipping Pvt. Ltd, Vs. ACIT,
UG-6, 48, Hasanpur, IP Circle-4(2),
Extension, New Delhi-110092 New Delhi
(Appellant) (Respondent)
PAN:AAECC7936N
Assessee by : Ms. Monalisa Maity, Adv
Revenue by: Shri Rajesh Kumar Dhanesta, Sr. DR
Date of Hearing 17/02/2025
Date of pronouncement 17/02/2025
ORDER
PER M. BALAGANESH, A. M.:
1. The appeal in ITA No. 4431/Del/2024 for AY 2021-22, arises out of the order of the National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as 'ld. NFAC', in short] in Appeal No. ITBA/NFAC/S/250/2024-25/1066332656(1) dated 02.07.2024 against the order of assessment passed u/s 143(3) r.w.s. 144B of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') dated 26.01.2023 by the Assessing Officer, NFC, Delhi (hereinafter referred to as 'ld. AO').
2. At the outset, there is a delay in filing of appeal before us by 24 days. Considering the reason adduced in the condonation petition, we are inclined to condone the delay and admit the appeal for adjudication.
Page | 1 ITA No. 4431/Del/2024 CAG Shipping Pvt. Ltd
3. The Ground No. 2 raised by the assessee goes to the root of the issue that appeal has been dismissed by the ld NFAC exparte thereby violating principles of natural justice.
4. We have heard the rival submissions and perused the materials available on record. On perusal of the order of the ld NFAC, we find that the ld NFAC had decided the issue ex parte without adjudicating the issue on merits giving its independent finding. Hence, in the interest of justice and fairplay, we deem it fit and appropriate to restore this appeal to file of ld NFAC for de novo adjudication in accordance with law. Needless to mention the assessee be given reasonable opportunity of being heard. The assessee is directed to cooperate with ld NFAC for expeditious disposal of the appeal by not taking unwarranted adjournments. Hence, the grounds raised by the assessee are allowed for statistical purposes.
5. In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open court on 17/02/2025.
-Sd/- -Sd/-
(MADHUMITA ROY) (M. BALAGANESH)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Dated:17/02/2025
A K Keot
Copy forwarded to
1. Applicant
2. Respondent
3. CIT
4. CIT (A)
5. DR:ITAT
ASSISTANT REGISTRAR
ITAT, New Delhi
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