YOGENDRA KESHRWANI,NEW DELHI vs. ITO, NEW DELHI

PDF · subscribers
ITA 4084/DEL/2015Status: DisposedITAT Delhi04 August 2016AY 2008-093 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found the reasons for the assessee's absence during assessment proceedings (ill health and death of parents) to be genuine. The authorities below had not considered the additional evidence filed by the assessee.

What were the facts?

The assessee remained unrepresented before the AO, leading to an ex-parte assessment order. The CIT(A) dismissed the assessee's appeal, partly due to objections against admitting additional evidence.

What were the issues?

Whether the assessee's absence during assessment proceedings was justified and if the additional evidence should be considered for a fair assessment.

Which sections of the Income-tax Act were involved?

Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES : SMC-I : NEW DELHI

Before: SHRI R.S. SYAL

For Appellant: Shri Raj Kumar, CA
For Respondent: Shri S.K.Jain, Sr. DR
Hearing: 04.08.2016Pronounced: 04.08.2016

ORDER This appeal filed by the assessee is directed against the order passed by the CIT(A) on 26.02.2015 in relation to the assessment year 2008-09.

2.

Shorn of unnecessary details, it is observed that the assessee remained unrepresented before the AO. The assessment order was passed u/s 144 determining total income at Rs.20,43,940/- as against the returned income of Rs.2,70,000/-. The ld. CIT(A) dismissed the appeal of the assessee after accepting the objections raised by the ld. AR against the admission of additional evidence furnished by the assessee.

3.

I have considered the rival submissions and perused the relevant material on record. The ld. AR stated the reasons for the absence of the assessee during the course of assessment proceedings, being ill health of his parents, both of whom subsequently died. I am satisfied with the genuineness of the reasons advanced by the ld. AR for the absence of the assessee during the assessment proceedings. It is further noticed that the authorities below have not considered the additional evidence filed by the assessee in support of his claims. Under such circumstances, I am satisfied that the ends of justice will meet adequately if the impugned order is set aside and the matter is restored to the file of the AO for framing a fresh assessment, after allowing a reasonable opportunity of hearing to the assessee. I order accordingly. The ld. AR has undertaken to extend full cooperation to the AO in such fresh proceedings.

4.

In the result, the appeal is allowed for statistical purposes.

The order pronounced in the open court on 04.08.2016.

Recent GST High Court judgments

Search GST case law →