NORTHERN SECURITIES P.LTD,NEW DELHI vs. ITO, WARD-18(4), NEW DELHI

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ITA 517/DEL/2019Status: DisposedITAT Delhi30 May 2019AY 2010-113 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the Assessing Officer had passed the order under Section 144 of the Act. It acknowledged that one of the Directors was undergoing treatment and the company's name was struck off from the Registrar of Companies, which could naturally lead to less interest in tax proceedings. The Tribunal also noted the rift between directors as a reason for proceedings not being taken care of. While ordinarily an ex-parte order of the CIT(A) would be remitted back to him, the Tribunal found that the case remained unrepresented before the Assessing Officer due to a reasonable cause. Therefore, the Tribunal deemed it appropriate to remit the issue back to the Assessing Officer to pass a fresh assessment order after providing a sufficient opportunity of being heard. The assessee was directed to appear before the Assessing Officer and not seek unnecessary adjournments. The appeal was allowed for statistical purposes.

What were the facts?

The assessee, Northern Securities P. Ltd., filed an appeal against the order of the Commissioner of Income Tax (Appeals)-6, New Delhi, dated 18.12.2018. The assessment order for Assessment Year 2010-11 was passed ex-parte under Section 144 of the Income Tax Act, 1961, by the Income Tax Officer, Ward-18(4), New Delhi. The assessee's representative submitted that the company had been struck off from the Registrar of Companies, and a rift between directors, coupled with one director's illness, led to non-representation. Medical certificates for the director were placed on record. The assessee sought adjournments before the CIT(A), but an ex-parte order was passed dismissing the appeal. The assessee prayed for the matter to be set aside to the Assessing Officer.

What were the issues?

1. Whether the appeal should be remitted back to the Assessing Officer for a fresh assessment order, considering the ex-parte assessment order passed under Section 144 and the reasonable cause for non-representation by the assessee. Assessee's contentions: The assessee argued that the assessment order was passed ex-parte under Section 144 due to circumstances beyond its control, including the company being struck off, director's illness, and a rift between directors. Medical certificates were provided as evidence. The assessee claimed it was under the impression the appeal would be heard later and received the appellate order without further intimation. They prayed for the matter to be set aside to the Assessing Officer for complete details to be filed. The assessee relied on the reasonable cause for non-representation before the Assessing Officer. Revenue's contentions: The Departmental Representative had no serious observation regarding the assessee's proposal but submitted that the case may be remitted back to the CIT(A).

Which sections of the Income-tax Act were involved?

Section 144

AI-generated summary — verify with the full judgment below

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

Before: Sh. T. S. Kapoor

Hearing: 29.05.2019Pronounced: 30.05.2019

ORDER This is an appeal filed by assessee against the order of Commissioner of Income Tax (Appeals)-6, New Delhi dated 18.12.2018.

2.

At the outset, the ld. Authorized Representative submitted that assessment order in this case was passed u/s 144 of the Act as the company had been struck off from the Registrar of Companies and there was rift between the directors and one of the directors did not take any interest whereas the other director Sh. Rakesh Sanon remained ill and in this respect our attention was invited to paper book page 10 to 12 where the copy of medical certificates of the Director were placed. It was submitted that before ld. CIT(A) various adjournments were taken by the assessee and on the final adjournment dated 17.12.2018, the assessee was under impression that the appeal will be heard in the month of January 2019 but instead of further intimation for hearing of the case the assessee received

1.

2 Northern Securities P. Ltd. appellate order of ld. CIT(A) dismissing the appeal of the assessee. The ld. AR submitted that since the assessee could not represent before Assessing Officer and the order was passed u/s 144 of the Act and the assessee has also not obtained copy of reasons recorded, therefore, it was prayed that matter may be set aside to Assessing Officer so that complete details could be filed before him.

3.

The ld. Departmental Representative had no serious observation regarding the proposal of ld. AR, but submitted that the case may be remitted back to ld. CIT(A).

4.

I have heard the rival parties and have gone through the material placed on record. It is a fact that the Assessing Officer has passed the order u/s 144 of the Act. The assessment order has been passed on 25.12.2017. From the copy of medical certificates placed in paper book page 10 to 12, I find that one of the Director, Sh. Rakesh Sanon was under treatment in the Apollo Hospital, Delhi. I, further, find that the name of the company has been struck off from the company master data of Registrar of companies which is evident from paper book page 14, therefore, it is natural that directors of the assessee company would not have taken much interest in the income tax proceedings. Further, the ld. AR stated that because of rift between the directors, the proceedings could not be taken care of before the authorities below. I find that before ld. CIT(A), the assessee sought adjournments on various dates and ultimately ld. CIT(A) passed the order ex-parte qua assessee. Though ordinarily the ex-parte order of ld. CIT(A) has to go back to him but here is a case where the case remained unrepresented before Assessing Officer also due to reasonable cause, therefore, I deem it appropriate to remit the issue back to the Assessing Officer who should pass a fresh assessment order after providing sufficient

3 Northern Securities P. Ltd. opportunity of being heard. The assessee is also directed to appear before Assessing Officer and is directed to not to seek unnecessary adjournments.

5.

In the result, the appeal of the assessee is allowed for statistical purposes. (Order pronounced in the Court on 30 t h day of May, 2019 at New Delhi)

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