Income Tax Appellate Tribunal - Delhi
Apple Sponge & Power Ltd., Delhi vs Dcit, Circle- 3(1), Delhi on 27 January, 2020
आयकर अपीलीय अिधकरण, द ली यायपीठ "डी", द ली म
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH 'D', NEW DELHI
सु ी सुषमा चावला, उपा , एवं ी एन. के. िबलै ा, लेखा सद के सम ,
BEFORE MS. SUSHMA CHOWLA, VICE PRESIDENT
&
Sh. N.K. BILLAIYA, ACCOUNTANT MEMBER
आयकर अपील सं. / ITA No.5406/Del/2018
िनधा रण वष / Assessment Year: 2013-14
M/s Apple Sponge & Power Ltd.
Unit No.701-A, 7th Floor, GD-ITL,
Tower Plot No. B-8, NSP Pitampura,
Delhi-110034
PAN-AAFCA1965L ..........अपीलाथ /Appellant
vs
DCIT,
Circle-3(1),
Delhi ............. थ / Respondent
अपीलाथ क ओर से / Appellant by : Sh. Nipun Mittal, CA
यथ क ओर से / Respondent by : Sh. Pradeep Singh Gautam, Sr. DR
सुनवाई क तारीख / घोषणा क तारीख /
Date of Hearing: 13.01.2020 Date of Pronouncement: 27.01.2020
आदेश / ORDER
PER SUSHMA CHOWLA, VP The appeal filed by the assessee is against the order of CIT(A)-I, New Delhi, dated 19/07/2018, relating to assessment year 2013-14. 2 ITA No.5406/Del/2018
Assessment Year: 2013-14
2. In this appeal, the assessee is aggrieved by the order of CIT(A) for deciding the appeal ex-parte qua the assessee and without going into the merits of the addition.
3. The learned AR for the assessee pointed out that the CIT(A) has passed the ex-parte order without allowing sufficient opportunity of hearing and without going into the merits of the case.
4. The learned DR for the Revenue on the other hand pointed out that sufficient opportunity has been afforded to the assessee.
5. We have heard the rival contentions and perused the record. Under the provisions of Section 250(6) of the Income tax Act, 1961 (in short "Act"), it is incumbent upon the CIT(A) to decide the appeal after hearing the parties and state the points for determination, the decision thereon and also the reasons for the decision. While deciding the appeal, CIT(A) has no power to dismiss the appeal for non prosecution by relying on the ratio/s laid down in CIT vs. B.N. Bhattacharya & Another 118 ITR 461 (SC) and Late Tukoji Rao Holker vs. CWT 223 ITR 480 (MP). In these facts and circumstances, where the CIT(A) had dismissed the appeal by applying the above said ratios, the order of the learned CIT(A) suffers from infirmity. The CIT(A) while deciding the issue on merits have also to give reasons for coming to the conclusion and in the absence of the same, the order of the CIT(A) again suffers from infirmity. In the present appeal, we find that the 3 ITA No.5406/Del/2018 Assessment Year: 2013-14 CIT(A) has dismissed the appeal ex-parte qua the assessee and had failed to decide the appeal by passing reasoned assessment order.
6. Accordingly, we set aside the matter back to the file of the CIT(A) with direction to the CIT(A) to decide the issue on merits by a reasoned order, after affording reasonable opportunity of hearing to the assessee. Further the assessee is also directed to appear before the CIT(A) and participate in the appellate proceedings. The appeal is thus decided on this preliminary issue without going into the merits of the addition.
7. Hence this appeal is restored back to the file of CIT(A) to decide the issue on merits after affording reasonable opportunity of hearing to the assessee. The assessee is also directed to comply with notices issued by the CIT(A). The preliminary issue raised in this appeal is thus decided in favour of assessee. Since the appeal is being decided on the preliminary issue, we are not addressing the issue raised on merit.
8. In the result, this appeal of the assessee is allowed.
Order pronounced in the open court 27th day of January, 2020.
Sd/- Sd/-
(N. K. BILLAIYA) (SUSHMA CHOWLA)
लेखा सद य/ACCOUNTANT MEMBER उपा /VICE PRESIDENT
द ली / दनांक Dated : 27th January, 2020.
S. Shekhar, Sr. P.S.
4 ITA No.5406/Del/2018
Assessment Year: 2013-14
आदे श की ितिलिप अ े िषत/Copy of the Order is forwarded to :
1. अपीलाथ / The Appellant
2. थ / The Respondent
3. आयकर आयु (अपील) / The CIT(A)
4. मु आयकर आयु / The Pr. CIT
5. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, िद ी / DR, ITAT, Delhi
6. गाड! फाईल / Guard file.
आदे शानु सार/ BY ORDER, सहायक रिज'( ार, आयकर अपीलीय अिधकरण ,िद ी Assistant Registrar, ITAT, Delhi