SHRI STYANARAYAN CHOUDHARY,JHUNJHUNU vs. INCOME TAX OFFICER, WARD-2, JHUNJHUNU

The hearing of the matter was scheduled for today through video conferencing in view of the ongoing Covid-19 pandemic situation in the country. None appeared on behalf of the assessee, however, an adjournment application dated 23.07.2020 signed by Shri Saurav Harsh, Counsel for the assessee was received by the Registry stating that the assessee is contemplating to opt for VIVAD SE VISHWAS SCHEME 2020 and as the deadline for the said scheme has been extended till December 2020, the matter may be adjourned. 2 Sh. Akash Gupta, Jaipur Vs. ITO, Jaipur 3. The ld. DR is heard who has drawn our reference to the order of ld. CIT(A) and submitted that as many as 09 opportunities have been provided by the ld CIT(A), however, there is totally no compliance to the notices issued by the ld CIT(A) and the matter has accordingly been decided by the ld CIT(A) confirming the addition made by the AO. It was further submitted that even before the Tribunal, the matter has been listed in the past, however, the authorized representative has sought adjournment from time to time and even today, when the matter was listed for hearing, request has been made for adjourning the matter stating that the assessee is exploring the possibility to opt for VSVS Scheme and there is nothing on record as to when precisely the assessee shall finally decide and apply for such settlement scheme. It was accordingly submitted that more than adequate opportunity has been provided by the ld. CIT(A) and the Tribunal, no useful purpose would be served in providing further opportunity to the assessee. On merits, the ld DR supported the findings of the lower authorities.

We have heard the rival submissions and pursued the material available on record. We find that the Assessing officer has passed the impugned order dated 23.03.2016 u/s 143(3) r/w 147 whereby addition of Rs 16,27,654/- has been made by the Assessing officer and which has been confirmed by the ld CIT(A). No doubt, the matter has been listed for hearing before the ld CIT(A) on couple of occasions and has been adjourned from time to time and finally, the matter has been decided ex-parte by the ld CIT(A). However, given that the assessee through his authorized representative has stated that he is contemplating filing an application under VIVAD SE VISHWAS SCHEME 2020 in the near future and thus intend to end this litigation and at the same time, no specific time frame has been specified, we find that no useful purpose would be served in granting any further adjournment in the matter and the adjournment application is hereby rejected. At the same time, given that the matter has not been decided on merits, we deem it appropriate to remand the 3 Sh. Akash Gupta, Jaipur Vs. ITO, Jaipur matter to the file of the ld CIT(A) to provide one more opportunity to the assessee, should the assessee wishes to avail of the same. This will not prejudice the right of the assessee in availing of the aforesaid settlement scheme as once the assessee decides to opt for the scheme and has taken necessary steps as so specified therein, he can bring the same to the notice of the ld CIT(A) who shall then decide and take appropriate action as per law.

With the aforesaid directions, the matter is set-aside to the file of the ld CIT(A) who shall decide the same afresh after providing reasonable opportunity to the assessee.