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Income Tax Appellate Tribunal - Delhi

Panchamrit Real Estates Private ... vs Ito,Ward-3(2), Gurgaon on 19 September, 2025

                           1        ITA Nos. 2599, 2655, 2600, 2598 & 26548/Del/2024
                                               Panchamrit Reals Estates Pvt. Ltd. Vs. ITO

        IN THE INCOME TAX APPELLATE TRIBUNAL DELHI
                DELHI BENCH 'B' NEW DELHI
      BEFORE SHRI YOGESH KUMAR U.S., JUDICIAL MEMBER
                         AND
        SHRI NAVEEN CHANDRA, ACCOUNTANT MEMBER
               ITA No. 2599/DEL/2024 (A.Y. 2011-12)
               ITA No. 2655/DEL/2024 (A.Y. 2012-13)
               ITA No. 2600/DEL/2024 (A.Y. 2017-18)
               ITA No. 2598/DEL/2024 (A.Y. 2011-12)
               ITA No. 2654/DEL/2024 (A.Y. 2012-13)

   Panchamrit Real Estates Vs.       ITO
   Private Limited                   Ward-3(2)
   H. No. 123, Sector 21,            Gurgaon, Haryana
   Gurgaon, Haryana
   PAN: AAECP9525E
   Appellant                         Respondent
      Assessee by     Sh. RajnishYadav,Adv
      Revenue by      Ms.Pooja Swaroop, CIT (DR)
      Date of Hearing                 17/09/2025
      Date of Pronouncement                    19/09/2025

                                    ORDER

PER BENCH:

The captioned appeals in ITA Nos. 2599/Del/2024, 2655/Del/2024 and 2600/Del/2024 are filed by the Assessee challenging the orders of Ld. Commissioner of Income Tax (Appeals/ National Faceless Appeal Centre ('Ld. CIT(A)/NFAC' for short), New Delhi dated 28/03/2024 pertaining to Assessment Years 2011-12, and 2012- 13and 2017-18, wherein the Ld. CIT(A) dismissed the quantum Appeals filed by the Assessee.

2 ITA Nos. 2599, 2655, 2600, 2598 & 26548/Del/2024 Panchamrit Reals Estates Pvt. Ltd. Vs. ITO

2. The ITA No. 2598/Del/2024 and 2654/Del/2024 are filed by the Assessee challenging the orders of Ld. Commissioner of Income Tax (Appeals/ National Faceless Appeal Centre ('Ld. CIT(A)/NFAC' for short), New Delhi dated 28/03/2024 pertaining to Assessment Years 2011-12, and 2012-13, wherein the Ld. CIT(A) dismissed the penalty Appeals filed by the Assessee.

3. The Ld. Counsel for the Assessee vehemently submitted that all the First Appeals filed by the Assessee challenging both quantum as well as penalty have been dismissed by the Ld. CIT(A) without hearing the Assessee which is in violation of principals of natural justice. Further submitted that while deciding the first appeal without dealt all the grounds of Appeal of the Assessee and in a cryptic manner the Ld. CIT(A) has passed the orders impugned. Thus, sought for allowing the Appeals.

4. Per contra, the Ld. Departmental Representative relying on the orders of the Ld. CIT(A) sought for dismissal of the Appeal.

5. We have heard both the parties and perused the material available on record. It can be seen from the order of the Ld. CIT(A) , the impugned orders have been passed ex-parte without hearing the Assessee. It is further observed that while deciding the First Appeals, the Ld. CIT(A) 3 ITA Nos. 2599, 2655, 2600, 2598 & 26548/Del/2024 Panchamrit Reals Estates Pvt. Ltd. Vs. ITO has not dealt with all the grounds of Appeals of the Assessee on merits. Considering the facts that the Assessee has not participated in the first Appellate proceedings, in the interest of natural justice, we remand the matter to the file of the Ld. CIT(A) with a direction to the Ld. CIT(A) to decide the Frist Appeals afresh on merits in accordance with law after providing opportunity of being heard to the Assessee.

6. In the result, the Appeals of the Assessee in ITA No. 2599/DEL/2024 (A.Y. 2011-12), ITA No. 2655/DEL/2024 (A.Y. 2012-

13), ITA No. 2600/DEL/2024 (A.Y. 2017-18), ITA No. 2598/DEL/2024 (A.Y. 2011-12) and ITA No. 2654/DEL/2024 (A.Y. 2012-13)are partly allowed for statistical purpose.

Order pronounced in the open court on 19th September, 2025 Sd/- Sd/-

(NAVEEN CHANDRA)                                    (YOGESH KUMAR U.S.)
ACCOUNTANT MEMBER                                    JUDICIAL MEMBER
Date:- 19 .09.2025
R.N, Sr.P.S*


Copy forwarded to:
1.   Appellant
2.   Respondent
3.   CIT
4.   CIT(Appeals)
5.   DR: ITAT

                                                   ASSISTANT REGISTRAR
                                                         ITAT, NEW DELHI

4 ITA Nos. 2599, 2655, 2600, 2598 & 26548/Del/2024 Panchamrit Reals Estates Pvt. Ltd. Vs. ITO