ITO, NEW DELHI vs. SHRI HARGOVIND JAIN PROP. M/S SHRI VARDHMAN FASION,, NEW DELHI

PER SUDHANSHU SRIVASTAVA, JM:

ITA No. 2400/Del/2016 is assessee’s appeal against order dated 5.2.2016 passed by the Ld. CIT (Appeals)-19, New Delhi {CIT (A)} for the assessment year 2010-11. ITA No. 2481/Del/2016 is the department’s cross appeal. At the time of hearing of the appeals, both the parties before us prayed that since the issues in dispute required proper appreciation of facts and examination by the Assessing Officer, interest of justice would be served if both the appeals are restored to the file of the AO for re-examination of the issues under dispute. Accordingly, in view of the submissions made by both the parties, we restore the issues before us to the file of the AO to be examined afresh after giving due opportunity to the assessee to present its case. We also direct the assessee to fully co-operate in the assessment proceedings whenever called upon to do so failing which the Assessing Officer shall be at liberty to proceed ex parte qua the assessee in accordance with law.

ITA Nos. 2400,2481/Del/2016 Hargovind Jain vs ITO Order pronounced in the open court on 18th October, 2019.

sd/- sd/- (O.P. KANT) (SUDHANSHU SRIVASTAVA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 18 .10.2019 Veena Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi