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Income Tax Appellate Tribunal, DELHIBENCH ‘A’, NEW DELHI
Before: Sh. C. M. GargDr. B. R. R. Kumar
Per Dr. B. R. R. Kumar, Accountant Member:
The present appeal has been filed by assessee against the order of ld. CIT(A)-10, New Delhi dated 28.12.2018.
Following grounds have been raised by the assessee:
“1. That having regard to the f acts and circumstances of the case, ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in making addition of Rs.4,36,36,228/- on account of compensation received from DMRC for acquisition of land as long term capital gain u/s 45(5)(a) and that too without granting the opportunity of being heard and without observing the principles of natural justice.
That in any case and in any view of the matter, action of ld. CIT(A) in confirming the action of Ld. AO in making addition of Rs.4,36,36,228/- as long term capital gain u/s 45(5)(a), is bad in law and against the facts and circumstances of the case.
ITA No. 1452/Del/2019 2 Amar Dyeing Works (Regd.) 3. That having regard to the facts and circumstances of the case, ld. CIT(A) has erred in law and on facts in not reversing the action of Ld. AO in charging interest u/s 234A, 234B of the Income Tax Act, 1961.” 3. The assessee filed return of income on 27.03.2017 declaring total income of Rs.25,550/- and the same has been assessed determining the total income at Rs.4,36,61,780/-. The issue involved pertains to “The right to fair compensation and transparency in land acquisition, rehabilitation and re- settlement Act, 2013. The order has been passed ex-parte by the Assessing Officer as well as by the ld. CIT(A). The assessee has been grated 6 opportunities by the ld. CIT(A), however, the assessee did not comply to the notice of the ld. CIT(A).
Before us, it was pleaded by the ld. AR given an opportunity due compliance would be made before the ld. CIT(A). The ld. DR vehemently opposed to the submission of the ld. AR and argued that the assessee was lenient to attend the hearings before the revenue authorities at all the times.
Having gone through the facts of the case and the assessment made, we are of the considered view that no prejudice would be caused to the revenue, if an opportunity of being heard by the ld. CIT(A) given to the assessee. Hence, we remand the matter to the file of the ld. CIT(A) to decide the case afresh after giving an opportunity of the assessee.
ITA No. 1452/Del/2019 3 Amar Dyeing Works (Regd.) 6. In the result, the appeal of the assessee is allowed for statistical purpose. Order Pronounced in the Open Court on 09/05/2023.
Sd/- Sd/- (C. M. Garg) (Dr. B. R. R. Kumar) Judicial Member Accountant Member Dated: 09/05/2023 *Subodh Kumar, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR