VASHISTI CONSULTANCY AND DEVELOPERS PRIVATE LIMITED,HYDERABAD vs. ACIT - CIRCLE 8(1), HYDERABAD

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ITA 498/HYD/2024Status: DisposedITAT Hyderabad05 September 2024AY 2017-18Bench: SHRI PRAKASH CHAND YADAV (Judicial Member), SHRI MADHUSUDAN SAWDIA (Accountant Member)4 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the assessee failed to produce necessary details despite opportunities. However, considering the assessee is now ready to provide evidence, the Tribunal set aside the order and restored the issue to the CIT(A) for a fresh decision on merits.

What were the facts?

The assessee appealed an order from the CIT(A) for AY 2017-18. The assessee contended that they were not given sufficient opportunity to submit evidence regarding share capital of Rs. 43,89,50,000/-.

What were the issues?

Whether the assessee was denied a proper opportunity to present evidence regarding share capital, and if a fresh opportunity should be granted.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, Hyderabad ‘B’ Bench, Hyderabad

Before: SHRI PRAKASH CHAND YADAV & SHRI MADHUSUDAN SAWDIA

Hearing: 05/09/2024

आदेश/ORDER PER SHRI MADHUSUDAN SAWDIA, A.M: This appeal is filed by Vashisti Consultancy and Developers Private Limited (“the assessee”), feeling aggrieved by the order passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (“Ld. CIT(A)”), dated 15.03.2024 for the A.Y. 2017-18.

2.

At the outset, the Ld. AR submitted that the Ld. CIT(A) did not provide sufficient opportunity to the assessee to submit their explanations/evidence with regards to the receipt of share capital of Rs.43,89,50,000/- during the impugned year. It is further contended that the Ld. CIT(A) has passed the order without providing proper opportunity. The Ld. AR further submitted that the assessee does not stand to gain by allowing the appeal to be disposed of without any documentary evidence being produced and it is only due to the reasons beyond the control of the assessee, the assessee could not produce their explanations/evidence with regards to the receipt of share capital of Rs.43,89,50,000/-. By consolidating all the grounds, he further submitted that given an opportunity, the assessee is now ready to produce all such details and conduct the proceedings diligently and get the matter disposed of on merits.

3.

Per contra, Ld. DR placed heavy reliance on the orders of the authorities below, and submitted that sufficient opportunity has already been given by the authorities, but the assessee failed to avail the same. He opposed the grant of further opportunity to the assessee.

4.

We have heard the rival contentions and also gone through the record in the light of the submissions made on either side. It could be seen from the orders of the Ld. CIT(A) that the assessee failed to produce the details with regards to the receipt of share capital of Rs.43,89,50,000/- in spite of many opportunities given to them, which resulted in passing the orders without consideration thereof. It is a fact that the assessee does not stand to gain by not producing such documents. Be that as it may, now the assessee is ready to produce all such documentary evidence in support of his contentions and get the matter disposed of on merits. The highest that would happen by allowing an opportunity to the assessee is that a cause would be decided on merits. With this view of the matter, we are of the view that fresh opportunity should be given to the assessee and, accordingly, we set aside the impugned order and restore the issue to the file of the Ld.

1.

CIT(A) for passing a fresh order on merits after affording the opportunity of hearing to the assessee. Grounds of appeal are answered accordingly.

5. In the result, the appeal of the assessee is allowed for statistical purpose.

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