SHREE SHYAM TRADERS,GURGAON vs. INCOME TAX OFFICER WARD-4(2), GURGAON

Against the said order, the assessee is in appeal before us

During the course of hearing, the ld. AR submitted a copy of decision dated 16.02.2023 in the case of Vijay Garg vs State of Haryana & Anothers (CRM-M-14003-2022) of the Hon’ble Punjab & Haryana High Court at Chandigarh granting bail to Shri Vijay Garg. On perusal of this order it is seen that Shri Vijay Garg managed three firms, two in the name of Shri Shyam Traders and one in the name of M/s Stasya Enterprises. A case was filed by state of Haryana that through these firms, the petitioner availed input tax credit by fabricating invoices resulting in generation of bills worth Rs.367 Crores and evasion from payment of goods and services tax (for short GST) to the tune Rs.26 Crores. The Ld. AR submitted that the petitioner was in custody since 21.09.2021 and as per the above decision was released on 16.02.2023 and therefore, due to these difficulties, he could not appear before the ld. CIT(A). In view of these facts, the ld. Counsel for the assessee prayed that the order of the Ld. CIT(A) may be set-aside to the file of the ld. CIT(A) for fresh adjudication and one more opportunity may be granted to the assessee to represent its case effectively.

The ld. DR strongly supported the orders of the authorities below.

We have heard both the parties and perused the materials available on record. Considering the entire facts in perspective in order to subserve the interests of natural justice and to provide an opportunity to the assessee to effectively represent his case, the order of the Ld. CIT(A) is set- aside to the file of the ld. CIT(A) for fresh adjudication after providing reasonable opportunity of being heard to the assessee. Grounds are allowed for statistical purposes.

In the result, the appeal of the assessee is allowed for statistical purposes only.