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Income Tax Appellate Tribunal, JAIPUR BENCHES (SMC
Before: SHRI RAMESH C SHARMAvk;dj vihy la-@ITA No. 1331/JP/2018
आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES (SMC), JAIPUR Jh jes'k lh 'kekZ] ys[kk lnL; ds le{k BEFORE: SHRI RAMESH C SHARMA, ACCOUNTANT MEMBER vk;dj vihy la-@ITA No. 1331/JP/2018 fu/kZkj.k o"kZ@Assessment Year : 2015-16 cuke M/s Rajaram & Co. I.T.O., Vs. N-27, Sagar Vihar Colony, Ward 1(3), Vaishali Nagar, Ajmer. Ajmer. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AARFR 1326 D vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri Ramesh Kr. Kabra (CA) jktLo dh vksj ls@ Revenue by : Ms. Anuradha (JCIT) lquokbZ dh rkjh[k@ Date of Hearing : 18/03/2019 mn?kks"k.kk dh rkjh[k@ Date of Pronouncement : 20/03/2019 vkns'k@ ORDER PER: R.C. SHARMA, A.M. This is an appeal filed by the assessee against the ex parte order of ld.CIT(A), Ajmer Jaipur dated 30/07/2018 for the A.Y. 2015-16 in the matter order passed U/s 143(3) of the Income Tax Act, 1961 (in short the Act).
There is a marginal delay in filing the appeal by the assessee. After going through the reasons for delay in filing the appeal, I am satisfied that there was sufficient cause for delay in filing the appeal.
ITA 1331/JP/2018 2 M/s Rajaram & Co. Vs. ITO Keeping in view the substantial interest of justice, the appeal is admitted to be heard on merits.
I found from the record that the ld. CIT(A) has dismissed the appeal by passing ex parte order wherein addition of Rs. 6,09,969/- was confirmed. It was the contention of the ld AR of the assessee that notice issued by the ld. CIT(A) fixing the date of hearing was not served on the assessee, accordingly, the assessee could not attend on the date of the appeal fixed before the ld. CIT(A). He also invited our attention to the various details filed before the lower authorities in the form of cash flow statement, partnership deed, details of contract receipts for the A.Y. 2014-15 and 2015-16, details of expenditure on material and direct and indirect expenses. Our attention was also invited to the cash withdrawn from the bank and subsequent deposit in the bank account. However, without going into the merit of the appeal, I found that the ld. CIT(A) by passing ex parte order had confirmed the addition without giving any reasoning on the merits of the addition. Keeping in view the reason for non-appearance before the ld. CIT(A) and in the substantial interest of justice, I restore the matter back to the file of the ld. CIT(A) for deciding the appeal afresh as per provisions of Section 250(6) of the Act, after giving due opportunity of hearing to the assessee. The assessee is also ITA 1331/JP/2018 3 M/s Rajaram & Co. Vs. ITO directed to appear before the ld. CIT(A) within a period of 30 days from the date of receipt of this order. In case of any failure on the part of the assessee, the ld. CIT(A) is at liberty to pass order as per the material placed on record.
In the result, appeal of the assessee is allowed for statistical purposes only.
Order pronounced in the open court on 20/03/2019.
Sd/- ¼jes'k lh 'kekZ½ (RAMESH C SHARMA) ys[kk lnL;@ ys[kk lnL;@Accountant Member ys[kk lnL;@ ys[kk lnL;@ Tk;iqj@Jaipur fnukad@Dated:- 20th March, 2019 *Ranjan आदेश की प्रतिलिपि अग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू vihykFkhZ@The Appellants- M/s Rajaram & Co., Ajmer. 1. izR;FkhZ@ The Respondent- The I.T.O., Ward 1(3), Ajmer. 2. vk;dj vk;qDr@ CIT 3. vk;dj vk;qDr¼vihy½@The CIT(A) 4. विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत 5. xkMZ QkbZy@ Guard File (ITA No. 1331/JP/2018) 6. vkns'kkuqlkj@ By order,
सहायक पंजीकार@Aेेज. त्महपेजतंत