ATANU DAS,GHAZIABAD vs. DCIT, CIRCLE-1, GHAZXIABAD

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ITA 2531/DEL/2018Status: DisposedITAT Delhi11 March 2019AY 2014-153 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the issue to the CIT(A) to give the assessee one more opportunity to present their case, considering the possibility of non-receipt of notice.

What were the facts?

The assessee filed a return of income, but the Assessing Officer made an addition of Rs. 13,71,237 for salary received in the UK. The CIT(A) confirmed this addition ex parte as the assessee did not appear.

What were the issues?

Whether the CIT(A) order passed ex parte was justified, and if the assessee should be given another opportunity to present their case.

Which sections of the Income-tax Act were involved?

Section 143(3)

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 Harpreet Singh Ajmi, Advocate
For Respondent: Shri Amit Jain, Sr.DR
Hearing: 11.03.2019Pronounced: 11.03.2019

BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER Assessment Year: 2014-15 Atanu Das, Vs. DCIT, C-902, Gateway Tower, Circle-1, Sector-4, Vaishali, Ghaziabad. Ghaziabad. PAN: AKPPD4787Q (Appellant) (Respondent) Assessee by : Shri Harpreet Singh Ajmi, Advocate Revenue by : Shri Amit Jain, Sr.DR Date of Hearing : 11.03.2019 Date of Pronouncement : 11.03.2019 ORDER

This appeal by the assessee is directed against the order dated 2nd January, 2018 of the CIT(A), Ghaziabad, relating to Assessment Year 2014-15.

2.

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

3.

After hearing both the sides and perusing the orders of the authorities below, I find the assessee is an individual and filed his return of income on 30th March, 2016 declaring total income at Rs.28,90,460/-. The Assessing Officer, in the order passed u/s 143(3) on 25th October, 2016, determined the total income at Rs.42,61,697/- where he made an addition of Rs.13,71,237 being the salary received by the assessee in UK. Since the assessee did not appear before the CIT(A) despite adequate opportunities, the ld.CIT(A), in the ex parte order passed by her, confirmed the addition made by the Assessing Officer. It is the submission of the ld. counsel for the assessee that due to non-receipt of notice nobody appeared before the CIT(A). Considering the totality of the facts and in the interest of justice, I deem it proper to restore the issue back to the file of the CIT(A) with a direction to give one more opportunity to the assessee to substantiate his case. The assessee is also hereby directed to appear before the CIT(A) and substantiate his case failing which the ld.CIT(A) is at liberty to pass appropriate orders as per law. I hold and direct accordingly. The grounds raised by the assessee are accordingly, allowed for statistical purposes.

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