BHARTIYA ONLINE SERVICE PVT. LTD.,GURGAON vs. ITO, NEW DELHI

PDF · subscribers
ITA 1164/DEL/2017Status: DisposedITAT Delhi20 February 2020AY 2012-132 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the matter should be remanded back to the CIT(A) to adjudicate the issues on merits. The assessee was directed to comply with revenue notices and avoid seeking unnecessary adjournments.

What were the facts?

The assessee filed a return of income, and the case was selected for scrutiny. The assessment was completed ex-parte by the Assessing Officer, determining a higher total income due to the assessee's non-attendance. The assessee's subsequent appeal before the CIT(A) was also summarily dismissed ex-parte.

What were the issues?

Whether the CIT(A) was justified in dismissing the appeal ex-parte without adjudicating on merits. Whether the assessee should be given an opportunity to present its case before the appellate authority.

Which sections of the Income-tax Act were involved?

Section 143(2),Section 142(1),Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘A’, NEW DELHI

Before: Sh. Amit ShuklaDr. B. R. R. Kumar

Hearing: 18.02.2020Pronounced: 20.02.2020

Per Dr. B. R. R. Kumar, Accountant Member:

1.

The present appeal has been filed by the assessee against the order of the ld. CIT(A)-2, New Delhi dated 30.11.2016.

2.

Brief facts of the case are that the assessee e-filed the return of income on 05.09.2013 declaring total income of Rs. 5,87,910/-. The case was selected for scrutiny through CASS and notice u/s 143(2) of the Income Tax Act, 1961 dated 06.08.2013 was issued and served on the assessee. Further, notice u/s 142(1) dated 09.01.2014 was also issued asking for specific details/documents.

3.

Subsequently, the assessment was completed by u/s 144 determining the total income of Rs.1,43,81,180/-. Aggrieved the assessee filed appeal before the ld. CIT (A), owing to non-attendance on the part of 2 Bhartiya Online Service Pvt. Ltd. the assessee summarily dismissed the appeal of the assessee ex-parte without adjudicating the merits of the case.

4.

Before us, the ld. AR argued that given an opportunity he would represent and file all the details before the revenue authorities. The ld. DR did not object to the proposition.

5.

Hence, keeping in view the facts of the case, we hereby remand the matter back to the file of the ld. CIT (A) to adjudicate the issues on merits by way of a speaking order. We also direct the assessee to comply the notices issued by the revenue authorities and direct that no unnecessary adjournments would be sought by the assessee while complying proceedings before the ld. CIT (A).

6.

In the result, the appeal of the assessee is allowed for statistical purpose. Order Pronounced in the Open Court on 20/02/2020.

More judgments on Section 142(1)

All 17,244 judgments and leading authorities on Section 142(1) →

Recent GST High Court judgments

Search GST case law →