Income Tax Appellate Tribunal - Ahmedabad
Shri Rakeshbhai Karsanbhai Patel, ... vs The Acit, Circle-5 Now Dy. Cit, ... on 1 March, 2018
आयकर अपील य अ
धकरण, अहमदाबाद यायपीठ - अहमदाबाद ।
IN THE INCOME TAX APPELLATE TRIBUNAL
AHMEDABAD - BENCH 'A'
BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER
AND
SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER
आयकर अपील सं./ ITA No.404 and 405/Ahd/2016
नधा रण वष /Asstt. Year: 2009-2010 and 2010-11
Shri Rakeshbhai Karsanbhai Patel Vs. DCIT, Cir.3(1)(1)
Nirma House Ahmedabad.
Ashram Road
Ahmedabad 380 009.
PAN : AGGPP 2910 C
अपीलाथ / (Appellant) तयथ
् / (Respondent)
Assessee by : Shri H.C. Shah, AR
Revenue by : Shri Albinus Tikey, sr.DR
सन
ु वाई क तार ख/Date of Hearing : 21/02/2018
घोषणा क तार ख /Date of Pronouncement: 01 /03/2018
आदे श/O R D E R
PER RAJPAL YADAV, JUDICIAL MEMBER:
Present two appeals are directed at the instance of the assessee against orders of the ld.CIT(A)-7 dated 23.11.2015 passed for the Asstt.Year 2009-10 and 2010-11 on respective appeals of the assessee.
2. With the assistance of the ld.representatives, we have gone through the record carefully. It emerges out from the record that the ld.CIT(A) listed appeals on 15 occasions - on one of the ITA No.404 and 405/Ahd/2016 2 occasions, the assessee has filed written submissions, and thereafter sought time for one or other reasons. The ld.CIT(A) has dismissed the appeals ex parte.
3. There is no dispute that the ld.CIT(A) has issued notices time and again and it was the assessee who failed to appear before the ld.First Appellate Authority. The ld.CIT(A)has confirmed disallowance of long term capital loss on sale of shares of Rs.95,74,720/- in the Asstt.Year 2009-10 and Rs.24,22,030/- in the Asstt.Year 2010-11. Similarly, in the Asstt.Year 2009-10 on disallowance of short term capital loss on sale of land of Rs.1,47,250/-.
4. Sub-section (6) of section 250 contemplates that the ld.CIT(A) would determine point in dispute, and thereafter record reasons on such point in support of her conclusion. A perusal of the impugned order would indicate that the ld.CIT(A) has failed to determine those points and record detailed finding. In summary manner, the ld.CIT(A) concurred with the AO. Considering this aspect and in the interest of justice, we deem it appropriate to set aside orders of the ld.CIT(A) in both years and restore all these issues for fresh adjudication.
It is pertinent to observe that on receipt of this order, the assessee would file an application within two months before the ld.CIT(A) for taking up the appeals for hearing. This will avoid continuous lapse at the end of the assessee on one or other excuses. In other words, the assessee should prosecute his income tax proceedings appropriately before the ld.CIT(A). With ITA No.404 and 405/Ahd/2016 3 the above observations, these appeals are allowed for statistical purpose.
5. In the result, both appeals of the assessee are allowed. Order pronounced in the Court on 1st March, 2018.
Sd/- Sd/- (N.K. BILLAIYA) (RAJPAL YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER