DEEPAK CHANANA,GHAZIABAD vs. ITO, WARD-1(2), GHAZIABAD

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ITA 1862/DEL/2018Status: DisposedITAT Delhi20 February 2019AY 2008-093 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the issue back to the Assessing Officer, granting the assessee one final opportunity to substantiate their case. The assessee is directed to appear and present their case without adjournments.

What were the facts?

The assessee's assessment was reopened based on AIR information regarding investment in an immovable property. The Assessing Officer made an addition of Rs. 33,27,000/- as the total income. The CIT(A) sustained the addition in an ex parte order.

What were the issues?

Whether the assessee should be granted an opportunity to present their case before the Assessing Officer after an ex parte order was passed by the CIT(A).

Which sections of the Income-tax Act were involved?

Section 148,Section 144

AI-generated summary — verify with the full judgment below

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

Before: SHRI R.K. PANDA

For Appellant: Shri Rajesh Malhotra, CA
For Respondent: Shri S.L. Anuragi, Sr. DR
Hearing: 19.02.2019Pronounced: 20.02.2019

ORDER This appeal by the assessee is directed against the order dated 05th December, 2017 of the CIT(A)-2, Noida, relating to Assessment Year 2008-09.

2.

Although a number of grounds have been raised by the assessee, they all relate to the ex parte order of the CIT(A) sustaining the various additions made by the Assessing Officer.

3.

After hearing both the sides, I find the assessee is an individual. On the basis of the AIR information received that the assessee has invested a sum of Rs.33,27,000/- in purchase of an immovable property on 12th June, 2007, the assessment was reopened by issue of notice u/s 148. Since there was no non-compliance from the side of the assessee, the Assessing Officer determined the total income of the assessee at Rs.33,27,000/- being the investment in the property by passing the order u/s 144 of the IT Act. Since none appeared on behalf of the assessee, the ld.CIT(A), in the ex parte order passed by him, sustained the addition made by the Assessing Officer. It is the submission of the ld. counsel for the assessee that in the interest of justice the assessee should be given one more opportunity to substantiate his case. Considering the totality of the facts of the case and in the interest of justice, I deem it proper to restore this issue back to the file of the Assessing Officer with a direction to grant one final opportunity to the assessee to substantiate his case. The assessee is also hereby directed to appear before the Assessing Officer and substantiate his case without seeking any adjournment under any pretext failing which the Assessing Officer is at liberty to pass appropriate order as per law. I hold and direct accordingly. The grounds raised by the assessee are accordingly allowed for statistical purposes.

4.

In the result, the appeal filed by the assessee is allowed for statistical purposes. The decision was pronounced in the open court on 20.02.2019.

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