What did the Tribunal hold?

The Tribunal found that the orders were passed ex-parte and the assessee was not given an opportunity to be heard. Therefore, the Tribunal set aside the issue for de-novo assessment by the AO, granting the assessee a proper opportunity to present its case.

The assessee sought a stay on an outstanding demand, claiming that the assessment and CIT(A) orders were passed ex-parte without an opportunity to be heard. The assessee's representatives were busy with asset e-auctions due to outstanding bank dues.

What were the issues?

Whether the assessment and appellate orders were passed without affording the assessee an adequate opportunity of being heard, and if so, the appropriate course of action.

Aashirvad Jewellery House, New… vs ITO | ITAT Delhi 2019

Income Tax Appellate Tribunal, DELHI BENCHES: ‘Friday’, NEW DELHI

Before: SHRI R.K.PANDA & SMT. BEENA A PILLAI

For Respondent: Ms. Aastha Lakshmi, Sr.D.R

Hearing: 08/03/2019Pronounced: 12/03/2019

Heard together (2 matters)

S.A.No. 237/Del/2019

ITA 736/Del/2019

Read from the judgment's own cause title. This page is filed under one of them.

PER BEENA A PILLAI, JUDICIAL MEMBER Present Stay Application has been filed by assessee seeking stay of outstanding demand amounting to Rs.48,23,530/-. Ld.AR submitted that the assessment order as well as order of Ld.CIT (A) has been passed without giving opportunity to assessee of being heard. He submitted that orders passed by authorities below are ex parte orders. 2. Upon a query being raised by the Bench regarding reason for non-appearance of assessee, or his representatives before authorities below, Ld.AR submitted that Representatives of assessee were busy with sale of movable and immovable assets owned by Ashirvad Jewellery House charged to bank through E-auction under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act at the time when assessment proceedings were going on. Ld.A.R. relied on public notice for sale of assets by Bank of Maharashtra to whom dues are outstanding of Rs.9,90,48,371/- along with penal interest @2% per annum, was pending payable by M/s Ashirvad Jewellery House. It has been submitted by Ld.AR that opportunity may be granted to assessee to present its case along with necessary evidence and documents in respect of it’s claim. Ld.Sr.DR vehemently submitted that, no deposits have been made by assessee against outstanding demand till date, and therefore, blanket stay may not be granted to assessee.

ITA 736/Del/2019 AY:2012-13 M/s Ashirvad Jewellery House, N.Del vs. ITO, Ward 47(4), N.Del SA No.237/Del/19(Arising out of ITA 736/Del/19) Ashirvad Jewellery House

We have perused records placed before us in light of arguments advanced by both sides.

It is observed that authorities below passed ex-parte order and assessee has not obtained opportunity of being heard before the authorities below. We are therefore inclined to set aside the issue back to file of Ld.AO for de-novo assessment by granting proper opportunity to assessee. Assessee is directed to file all requisite details as called for in respect of claims made and cooperate in completing of assessment. 5. We accordingly allow grounds raised

by assessee in the appeal for statistical purposes.

6. In the result appeal filed by assessee stands allowed for statistical purposes.

7. As we have already set aside the issue back to Ld. AO for de- novo assessment, Stay Application filed by assessee becomes ‘infructuous’.

8. Accordingly the same stands dismissed as infructuous. Order pronounced in Open Court on 13/03/2019. Sd/- Sd/- (R.K.PANDA) (BEENA A PILLAI) Accountant Member Judicial Member Dated: 13th March, 2019. *gmv

ITA 736/Del/2019 AY:2012-13 M/s Ashirvad Jewellery House, N.Del vs. ITO, Ward 47(4), N.Del SA No.237/Del/19(Arising out of ITA 736/Del/19) Ashirvad Jewellery House

AASHIRVAD JEWELLERY HOUSE,NEW DELHI vs. ITO, WARD-47(4), NEW DELHI

What did the Tribunal hold?

What were the facts?

What were the issues?

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