MALIK ENTERPRISES PVT. LTD.,DELHI vs. ITO, WARD-16(2), NEW DELHI

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ITA 5385/DEL/2018Status: DisposedITAT Delhi24 June 2019AY 2012-133 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found it just and fair to remand the issue back to the CIT(A) due to the peculiar facts and circumstances. The assessee's health problems prevented meaningful participation before the lower appellate authority.

What were the facts?

The assessee did not participate before the CIT(A) due to health issues, leading to confirmation of additions made by the AO. The AO had assessed income at Rs. 14,38,240/- as against the returned income of Rs. 1,85,565/-.

What were the issues?

Whether the assessee was prevented by sufficient cause from appearing before the CIT(A) and if the matter should be remanded for fresh adjudication.

AI-generated summary — verify with the full judgment below

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

Before: SMT. DIVA SINGH

Hearing: 13.06.2019Pronounced: 24.06.2019

ORDER PER DIVA SINGH: The present appeal has been filed by the assessee assailing the correctness of the Order dated 10.05.2018 of CIT(A)-42, New Delhi, pertaining to 2012-13 Assessment Year on various grounds.

2.

At the time of hearing, Mr. B.L. Gupta appearing on behalf of the assessee addressing the impugned Order admitted that the assessee did not participate before the CIT(A). The additions made by the AO it was submitted were challenged as the AO concluded the assessed income of the assessee at Rs. 14,38,240/- as opposed to the returned income of Rs. 1,85,565/-. 2.1 It was submitted that the additions were assailed before the CIT(A) however for reasons beyond the control of the assessee due to the assessee’s health problems, meaningful participation could not take place. The record shows that since the assessee failed to appear, the additions were confirmed.

3.

The ld. Sr.DR was heard.

ITA No.:- 5385/Del/2018 Malik Enterprises Pvt. Ltd..

4.

I find on a perusal of the peculiar facts and circumstances of the case that it would be just and fair to remand the issue. Accepting the oral undertaking given by the Ld. AR that the assessee shall participate and considering the submissions of the ld. Sr.DR who had no objection to the remand, the impugned order is set aside back to the file of the CIT(A) with the direction to pass a speaking Order in accordance with law. In support of the said conclusion, it is necessary to make a reference to the further relevant facts on record. The record shows that the adjournments on behalf of the assessee had been sought on the grounds of back pain etc due to advanced age of the assessee per page 6-7 of the impugned Order. Accordingly, in the interests of substantial justice a remand is directed. The assessee in its own interest is advised to participate fully and fairly before the said authority as failing which it is made clear that the CIT(A) would be at liberty to pass an Order on the basis of the material available on record. Said Order was pronounced in the open Court at the time of hearing itself.

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