AMIT KATARIA,GURGAON vs. ITO WARD - 3(4), GURGAON

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ITA 278/DEL/2020Status: DisposedITAT Delhi14 July 2022AY 2010-113 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal restored the matter to the Assessing Officer for fresh adjudication, allowing the assessee another opportunity to present their case. This was granted on the condition of the assessee depositing Rs. 25,000/- as costs.

What were the facts?

The assessee failed to comply with statutory notices issued by the Assessing Officer and the CIT(A), leading to best judgment assessments and dismissal of the first appeal. The assessee sought restoration of proceedings before the lower authorities.

What were the issues?

Whether the assessee's non-compliance warrants a dismissal of the appeal, or if the matter should be restored for a decision on merits after providing an opportunity.

Which sections of the Income-tax Act were involved?

Section 144,Section 147,Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “A” DELHI

Before: SHRI KUL BHARAT & SHRI PRADIP KUMAR KEDIA

For Appellant: Shri Satyajit Goel, Adv
For Respondent: Shri Kanav Bali, Sr.D.R

O R D E R PER PRADIP KUMAR KEDIA, A.M.:

The captioned appeal has been filed at the instance of the assessee against the order of the Commissioner of Income Tax (Appeals)-I, Gurgaon (‘CIT(A)’ in short), dated 14.10.2019 arising from the assessment order dated 28.12.2017 passed by the Assessing Officer (AO) under Section 144 r.w. Section 147 of the Income Tax Act, 1961 (the Act) concerning AY 2010-11.

2.

With the assistance of the ld. AR for the assessee, we observe that the assessment order was framed at best judgment assessment under Section 144 of the Act in view of the non compliance of statutory notices issued by the Assessing Officer asking the assessee to support the return of income and file the necessary details to corroborate the transactions reflected in the return of income. In the first appeal also, the assessee has not attended the proceedings despite multiple notices as tabulated in paragraph 3.2 of the First Appellate order. Before the Tribunal, the assessee seeks restoration of the proceedings before the lower authorities to explain the case afresh.

3.

We find that that assessee has not assigned any valid reason for continuing non compliance before the Assessing Officer or before the CIT(A). The Assessing Officer has passed the order summarily in the circumstances and the CIT(A) has also disposed off the first appeal in limine. The ld. counsel for the assessee strongly pitched for restoration of appeal before the lower authorities in larger interest of justice and to prevent miscarriage. It was suggested that some cost, at best, be imposed owing to delinquency shown in the matter but however the wholesale disallowances carried out would be totally disproportionate to the default committed due to such non compliance.

4.

On perusal of the first appellate order, we find that the CIT(A) has declined to grant any relief to the assessee owing to the fact that assessee was totally non co-operative in the assessment proceedings despite several opportunities nor has complied before him in the first appellate proceedings. However, the CIT(A) has not rendered any decisions on merit. In our view, it was incumbent upon the CIT(A) to deal with grounds on merit after giving opportunity to the assessee in terms of Section 250(6) of the Act. However, we simultaneously appreciate the concerns of the Revenue on the lackadaisical and non co-operative attitude of the assessee towards the quantum proceedings.

5.

In the totality of circumstances, we consider it expedient to restore the matter back to the file of the Assessing Officer in the larger interest of justice with a view to enable the assessee to avail opportunity once more. However such benevolence will be available at the cost of Rs.25,000/- to be deposited by the assessee within 1 month of service of this order to The Prime Minister Relief Fund. It shall be open to the Assessing Officer to make such inquiry as may be considered expedient in accordance with law on being satisfied towards payment of cost awarded. Needless to say, the assessee shall fully co-operate with the proceedings before the Assessing Officer without any demur and shall furnish the evidences/documents etc. as called for expeditiously.

6.

Hence, the impugned order of the CIT(A) dated 14.10.2019 is set aside and all the issues raised in the captioned appeal are restored back to the file of the Assessing Officer for fresh adjudication in accordance with law after giving reasonable opportunity of hearing to the assessee.

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