PALIWAL EXPORTS PRIVATE LIMITED,NEW DELHI vs. INCOME TAX OFFICER, WARD 19(1), NEW DELHI, DELHI
Income Tax Appellate Tribunal, DELHI “C” BENCH: NEW DELHI
Before: SHRI MAHAVIR SINGH & SHRI MANISH AGARWAL[Assessment Year : 2010-11] Paliwal Exports Pvt. Ltd., 40, Mangla Market, DDA Shopping Complex, Kalkaji, New Delhi-110019 PAN–AAICP7588D vs ITO, Ward-19(1), New Delhi APPELLANT
PER MANISH AGARWAL, AM :
The captioned appeal has been filed by the assessee seeking to assail the First Appellate order dated 18.12.2024 of Ld. Commissioner of Income Tax (A),
National Faceless Appeal Centre (“NFAC”), Delhi [“Ld.CIT(A)”] in Appeal
No.cit(a), Delhi-7/10095/2018-19 passed u/s 250 of the Income Tax Act, 1961
[“the Act”] arising from the assessment order dated 05.12.2017 passed u/s 147/144 of the Act pertaining to assessment year 2010-11. 2. At the outset, it is seen that the appeal of the assessee is dismissed by the Ld. CIT(A) for non-prosecution. Before us, the Ld. AR submitted that the Ld. CIT(A) has issued notices which were not responded by the assessee. He further submitted that the assessee has failed to appear even before the AO. He thus prayed that the matter may be sent back to the file of the AO for fresh adjudication and assured for regular participation in the proceedings.
Per contra, the Ld. Sr. DR has not objected to the request of the assessee.
We have heard the rival contentions and perused the material available on record. After considering the arguments, we find that in the instant case, due compliance could not be made before the lower authorities on behalf of the assessee. Under these circumstances, in the interest of justice, one more opportunity is given to the assessee and the matter is remitted back to the file of the AO with direction to decide the issue denovo afresh after providing reasonable opportunity of being heard to the assessee. The assessee is also directed to participate in proceedings before the AO. With these directions, the case is allowed for statistical purposes. 5. In the result, the captioned appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open Court on 14.05.2025. (MAHAVIR SINGH)
VICE PRESIDENT
Date:-21.05.2025
*Amit Kumar, Sr.P.S*