M/S AKME CRUSHERS & BUILDERS PVT. LTD.,LUDHIANA vs. ITO, W-6(1), LUDHIANA

Per Sanjay Garg, Judicial Member:

The present appeal has been preferred by the assessee against

the order dated 29.09.2017 of the Principal Commissioner of Income

Tax(A)-3, Ludhiana [hereinafter referred to as ‘PCIT’] agitating the

action of the PCIT in passing the impugned order u/s 263 of the I.T.

Act in exercising his revision jurisdiction

application dated 11.6.2018 for condonation of delay has been

moved, which has been accompanied with affidavit of assessee,

citing reasons for the delay in filing the present appeal.

accompanied with the affidavit of the assessee and also considering

ITA No. 1662-Chd.-2017 M/s AKME Crushers & Buiiders Pvt Ltd., Ludhiana 2

the short period of delay, the delay of 8 days in filing the present

appeal is hereby condoned.

attention to the impugned order of the CIT(A) passed u/s 263 of the

Act and has stated that the said order of the PCIT is an ex-parte

order. The Ld. counsel has further submitted that the assessee could

not appear before the PCIT during hearing conducted in the

proceedings carried out u/s 263 of the Act because of the reason that

Shri Gurmesh Singh Gill, Director of the company who was handing

the financial matter of the assessee company during the period was

in jail in respect of some criminal matter. The Ld. Counsel has

invited our attention to the impugned order of PCIT and has stated

that the assessee involved in this case is regarding the introduction of

share application money. The Ld. PCIT had doubted the genuineness

of the transactions and creditworthiness of the share applicants. The

Ld. Counsel has submitted that considering the inability of the

Director of the assessee to present himself and contest the revision

proceedings u/s 263 of the Act and further considering the nature of

the issue involved, the assessee should be given an opportunity to

contest the issue on merits before the Ld. Commissioner of I. Tax.

Ld. PCIT.

assessee, that the assessee due to unavoidable circumstances was

unable to appear and contest the proceedings before the PCIT

ITA No. 1662-Chd.-2017 M/s AKME Crushers & Buiiders Pvt Ltd., Ludhiana 3

because he was lodged in jail during the period and also considering the complexity of the issue which otherwise require a proper representation of the case before the PCIT, the interest of justice will be well served if the impugned order of the PCIT is set aside and the matter is retorted to the file of the PCIT for decision afresh in accordance with law. Needless to say that the PCIT / Commissioner of Income Tax will provide proper opportunity to the assessee to present himself or through his counsel on the date of hearing and the assessee will cooperate and will not contribute to any unnecessary adjournment of the case. In the result appeal of the assessee is allowed for statistical purposes.

Order pronounced in the Open Court on 04.09.2018

Sd/- Sd/- (B.R.R KUMAR) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : 04.09.2018 Rkk Copy to: • The Appellant • The Respondent • The CIT • The CIT(A) • The DR