Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, DELHI ‘SMC’ BENCH, NEW DELHI
Before: SHRI H.S. SIDHU
This appeal by the assessee is preferred against the order of the Ld. Commissioner of Income Tax [Appeals]-1, Gurgaon dated 12.11.2018 pertaining to assessment year 2009-10 on the following grounds:-
1. That on the facts and circumstances of the case and law on the point, the exparte assessment order passed by AO u/s. 144 of the Income Tax Act, 1961 dated 05.12.2011 is void-ab-initio as it is not proceeded by proper service of statutory notice u/s. 143(2) of the Income Tax Act, 1961 and Ld. CIT(A) has erred in upholding the action of the AO.
2. That on the facts and circumstances of the case on the point, the exparte assessment order passed by the AO u/s. 144 of the Act dated 5.12.2011 is void ab initio as AO has not exhausted all means of communication with appellant.
3. That on the facts and circumstances of the case and law on the point, the AO has erred in raising demand of Rs. 2,72,630/- and Ld. CIT(A) has erred in confirming the same which is against the principles of natural justice and provisions of law; hence, liable to be quashed.
That on the facts and circumstances of the case and law on the point, AO has erred in accepting factually wrong return filed by the appellant and did not take the correct figures while processing the computation of income. 5. That on the facts and circumstances of the case and law on the point, AO has erred in disallowing the deduction of Rs. 2,84,679/- on account of interest on borrowed capital claimed u/s. 24(b) of the Income Tax Act, 1961 and Ld. CIT(A) has also erred in confirming the same. 6. That on the facts and circumstances of the case and law on the point, AO has erred in treating rental income from house property at Rs. 2,84,679/- as against loss from house property of Rs. 2,84,679/- declared by the appellant in the return of income and Ld. CIT(A) has erred in not adjudicating this ground of appeal
on merit.
7. That on the facts and circumstances of the case and law on the point, AO has erred in not allowing full TDS credit of Rs. 1,07,575/- as reflecting in Form 26AS.
8. The appellant craves leave to add to, alter, modify, substantiate, delete and / or to rescind all or any of the grounds of appeal on or before the final hearing, if necessity so arises.
The facts narrated by the revenue authorities are not disputed by both the parties, hence, the same are not repeated here for the sake of convenience.
At the time of hearing Ld. Counsel for the assessee stated that AO as well as Ld. CIT(A) has not given sufficient opportunity to the assessee for substantiating his claim before them. She only requested that the issues raised vide ground no. 4 to 7 in this Appeal require thorough investigation and examination at the level of the Assessing Officer. Hence, she requested to set aside the ground no. 4 to 7 to the file of the Assessing Officer for fresh adjudication, in accordance with law, after giving adequate opportunity of being heard to the assessee. She further stated that assessee is having all the necessary evidences for substantiating the claim before the Assessing Officer and will not seek any unnecessary adjournment, if this Bench set aside the issues involved in ground no. 4 to 7 to the file of the Assessing Officer for fresh adjudication. 4. On the contrary, Ld. DR relied upon the orders of the authorities below. 5. I have heard both the parties and perused the records especially the orders of the revenue authorities. I find considerable cogency in the contention of the Ld. Counsel for the assessee that AO as well as Ld. CIT(A) has not given sufficient opportunity to the assessee for substantiating his claim before them. I further find force in the contention of the Ld. Counsel for the assessee that ground no. 4 to 7 raised in this appeal require thorough investigation and examination at the level of the Assessing Officer. Hence, in the interest of justice, I set aside the ground no. 4 to 7 to the file of the Assessing Officer for thorough investigation/examination and then decide the same afresh, in accordance with law, after giving adequate opportunity of being heard to the assessee with the direction to consider each and every evidence/document to be filed by the assessee. Assessee is at liberty to file any evidence/document before the Assessing Officer for substantiating his claim and will not seek any unnecessary adjournment.
In the result, the Appeal of the Assessee is allowed for statistical purposes. The order pronounced on 06.01.2020. Sd/-
[H.S. SIDHU] JUDICIAL MEMBER Dated:06-01-2020 SRB