IMPACT AMROP INTERNATIONAL PVT. LTD.,GURGAON vs. ITO, WARD-2(3), NEW DELHI

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ITA 6681/DEL/2018Status: DisposedITAT Delhi08 December 2021AY 2014-153 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the matter back to the CIT(A) to decide afresh after giving due and effective hearing to the assessee. The appeal was allowed for statistical purposes.

What were the facts?

The assessee challenged an ex-parte order passed by the CIT(A) without deciding the issues on merits. The appeal before the CIT(A) was dismissed ex-parte due to the assessee's non-appearance on the final hearing date.

What were the issues?

Whether the CIT(A) erred in passing an ex-parte order without deciding the appeal on merits. The appeal also involved additions on account of sundry creditors and disallowance under Section 14A.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 14A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘C’ : NEW DELHI

Before: SHRI ANIL CHATURVEDI & SHRI AMIT SHUKLA

For Respondent: Shri Kumar Padmapani Bora, Sr.DR
Hearing: 08.12.2021

impugned order dated 09.08.2018 passed by the ld. CIT (A)-I, New Delhi for the quantum of assessment passed under section 143(3) of the Income-tax Act, 1961 (for short ‘the Act’) for the assessment year 2014-15.

2.

In various grounds of appeal

, the assessee has mainly challenged the ex-parte order passed by the ld. CIT (A) and not deciding the issue on merits. Besides this, assessee has raised grounds on merits which is mainly on addition of Rs.1,59,78,396/- on account of sundry creditors as well as disallowance under section 14A of the Act.

3. None appears on behalf of the assessee despite service of notice.

4. From the perusal of the ld. CIT (A)’s order, we find that though on various date of hearing, certain compliance was made by the assessee by seeking adjournment, however on final date of hearing, none appeared and accordingly, ld. CIT (A) has dismissed the appeal ex-parte without considering the issues raised before him on merits. In view of the above and in the interest of justice, the matter is restored back to the ld. CIT (A) to decide afresh after giving due and effective hearing to the assessee. Consequently, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced in open court on this 8th day of December, 2021 after the conclusion of the hearing.

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