SATBIR,GURGAON vs. ITO, WARD- 4(1), GURGAON

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ITA 3092/DEL/2018Status: DisposedITAT Delhi10 October 2018AY 2014-152 pages
AI SummaryRemanded

What did the Tribunal hold?

The tribunal restored the issue to the file of the CIT(A) to provide one final opportunity to the assessee to substantiate their case. The assessee was directed to appear without adjournment.

What were the facts?

The assessee filed a return declaring income of Rs. 73,900. The Assessing Officer made additions of Rs. 18,65,926 on account of interest income. The CIT(A) dismissed the assessee's appeal for want of prosecution and delay.

What were the issues?

Whether the CIT(A) was justified in dismissing the appeal for want of prosecution without granting an opportunity to the assessee 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 Ajeet, Adv
For Respondent: Shri D. S. Rawat, Sr. DR

O R D E R

PER R. K. PANDA, AM :

1.

This appeal filed by the assessee is directed against the order dated 15.01.2018 of the CIT(A)- I, Gurgaon relating to assessment year 2014-15.

2.

The assessee, in the grounds of appeal

, has challenged the order of the ld. CIT(A) in confirming the various additions made by the Assessing Officer in the ex-parte order passed by him.

3. The ld. counsel for the assessee submitted that the assessee is an individual and derives interest income from bank. He filed his return of income on 29.10.2014 declaring an income of Rs.73,900/-. The Assessing Officer completed the assessment u/s 143(3) on 04.10.2016 determining the total income at Rs.22,80,931/- wherein he made addition of Rs.18,65,926/- on account of interest income received on enhanced compensation of Rs.3,41,105/- on account interest from bank and FDRs. Since none appeared on behalf of the assessee, the ld. CIT(A) dismissed the appeal filed by the assessee for want of prosecution as well as delay in filing of the appeal by 21 days. He submitted

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