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आदेश/Order
The present appeal has been preferred by the assessee against the order dated 11.06.2018 of the Commissioner of Income Tax(Appeals)-1, Ludhiana [hereinafter referred to as ‘CIT(A)’].
The assessee in this appeal has taken following grounds of appeal:- 1. The impugned order is both against facts and erroneous in law.
On the facts and circumstances of the case the Ld. CIT (Appeals) has erred in having dismissed the appeal exparte without having served any notice of
ITA No. 1079-Chd-2018- M/s Gagandeep Ice & Cold Storage Pvt Ltd., Sirhind 2 hearing before passing the impugned order on 11.06.2018.
The impugned order is against principle of natural justice as Ld. CIT(Appeals) has erred in having not afforded adequate opportunity of being heard.
On the facts and circumstances of the case the Ld.CIT(Appeals) has erred in having confirmed the addition of Rs. 20 lacs made by the Ld. Assessing Officer treating the same as unexplained cash credit u/s 68 of the Income Tax Act.
On the facts and circumstances of the case the Ld. CIT(Appeals) has erred in having confirmed the action of the AO in referring the matter to the Addl. CIT for consideration of imposition of penalty u/s 271D of the Income Tax Act by holding that the assessee company received share application money of Rs.20 lacs in cash in contravention of provisions of section 269SS of the I.Tax Act.
At the outset, Ld. Counsel for the assessee has invited our
attention to the impugned order of the CIT(A) and submitted that the
same is an ex-parte order. The Ld. Counsel for the assessee has
submitted that the absence of the Ld. Counsel for the assessee before the
Ld. CIT(A) on the stipulated date of hearing was not intentional, rather,
was due to the fact that the assessee did not receive the notice of
hearing. The Ld. Counsel has submitted that the assessee has a fair case
on merits and that the absence of the Ld. Counsel for the assessee before
the CIT(A) was not intentional.
ITA No. 1079-Chd-2018- M/s Gagandeep Ice & Cold Storage Pvt Ltd., Sirhind 3
On the other hand, the Ld. DR has submitted that the Ld. CIT(A)
has categorically noted in the impugned order that though notices were
issued but there was non-compliance on the part of the assessee.
I have considered the rival submissions. Admittedly, the order of
the CIT(A) is an ex-parte order which the assessee wants to contest his
case on merits. The plea of the assessee is that the assessee did not
receive the notices of hearing issued by the Ld. CIT(A). That there was
no mention in the impugned order that for which dates the notices were
issued as the assessee did not receive any notice except that the notice
for first date of hearing for which an adjournment application was
moved.
Considering the rival submissions, I am of the view, that the
interest of justice will be well served if the assessee is given an
opportunity to contest the appeal on merits. The assessee can be
burdened with some costs. I, accordingly set aside the order of CIT(A)
and restore the matter to the file of the CIT(A) for decision afresh
subject to deposit of costs Rs. 2,500/- in the Prime Minister’s Relief
Fund.
The receipt of the deposit of the said amount in Prime Minister’s
Relief Fund will be shown to the Ld. CIT(A) on the first date of hearing
ITA No. 1079-Chd-2018- M/s Gagandeep Ice & Cold Storage Pvt Ltd., Sirhind 4 in the set aside proceedings. Needless to say that the Ld. CIT(A) will give proper opportunity to the assessee to present its case and to decide
the same by way of speaking order in accordance with law.
In the result, the appeal of the assessee is treated as allowed for statistical purposes.
Order dictated and pronounced in the Open Court immediately on completion of hearing.
Sd/-
(संजय गग� / SANJAY GARG) �या�यक सद�य/ Judicial Member Dated : 06. 06.2019 “आर.के.”
आदेशक���त�ल�पअ�े�षत/ Copy of the order forwarded to : 1. अपीलाथ�/ The Appellant 2. ��यथ�/ The Respondent 3. आयकरआयु�त/ CIT 4. आयकरआयु�त (अपील)/ The CIT(A) 5. �वभागीय��त�न�ध, आयकरअपील�यआ�धकरण, च�डीगढ़/ DR, ITAT, CHANDIGARH 6. गाड�फाईल/ Guard File
आदेशानुसार/ By order, सहायकपंजीकार/ Assistant Registrar