Appeal details
Counselvise Citation
[2023] 101 COUNSELVISE.COM (IT) 8050 (ITAT-CHANDIGARH)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
10 month(s) 7 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
11-05-2023
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
A
Next Hearing Date
10-05-2023
Assessment Year
2017-2018
Appeal Filed On
04-07-2022
Judgement Text
आयकर अपील
य अ धकरण,चडीगढ़ यायपीठ “ए” , चडीगढ़
IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH “A”, CHANDIGARH
ी आकाश द
प जैन, उपा य एवं ी #व$म &संह यादव, लेखा सद+य
BEFORE: SHRI. AAKASH DEEP JAIN, VP & SHRI. VIKRAM SINGH YADAV, AM
ITA NO. 542/Chd/ 2022
Assessment Year : 2017-18
Haryana Seed Development
Corporation Limited
Bay No. 3-6, Sector -2, Panchkula-
134112
The Asstt. CIT
Circle Panchkula
Aayakar Bhawan Sector-2,
Panchkula-134112
PAN NO: AAACH3951J
Appellant
Respondent
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Assessee by : Shri Nalin. K. Noharia & Shri B.K. Noharia, C.A
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Revenue by : Shri Vivek Nangia, CIT, DR
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Date of Hearing : 11/05/2023
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Date of Pronouncement : 12/05/2023
आदेश/Order
PER VIKRAM SINGH YADAV, A.M. :
This is an appeal filed by the assessee against the order of the Ld. CIT(A),
NFAC, Delhi dt. 17/12/2021 pertaining to Assessment Year 2017-18 wherein the
assessee has taken the following grounds of appeal:
1. That on the facts and in the circumstances of the case the learned CIT
NFAC Delhi has erred in law and facts in upholding the contention of the learned
AO in addition of prior period expenses of Rs. 3,91,23,996/- without any merit and
recording its findings.
2. That on the facts and in the circumstances of the case the Learned CIT
NFAC Delhi has erred in law and facts in upholding the contention of the learned
AO in disallowance of Rs. 19,33,51 under Section 36(1)(iii) on account of interest
on capital borrowed for the purpose of acquisition.
3. That on the facts and in the circumstances of the case the learned CIT
NFAC Delhi has erred in law in not directing the learned AO in giving TDS credit of
Rs. 23,208/- though deducted on 31.03.2016 when the income has been
2
disclosed in the year under consideration as per Section 199 of the Income Tax
Act, 1961 under the head from house property.
4. That the appellant reserves the right to add, amend or delete one or
more of the grounds of appeal before the appeal is disposed off.
2. Briefly the facts of the case are that the assessee filed its return of income
on 07/11/2017 declaring loss of Rs. 5,22,28,636/-. The case of the assessee was
selected for complete scrutiny through CASS. Notice under section 143(2) of the
Act was issued and served upon the assessee electronically and questionnaire
alongwith notice under section 142(1) was issued. After scrutinizing the
documents furnished by the assessee, the AO assessed the loss of the assessee
at Rs. 1,19,81,680/- under section 143(3) of the Act.
3. Against the said order, the assessee moved an appeal before the Ld.
CIT(A) who has since sustained the said additions and against the said findings,
the assessee is in appeal before us.
4. During the course of hearing, the Ld. AR submitted that the Ld. CIT(A),
NFAC, Delhi has passed an ex-parte order stating that the assessee is not
interested in prosecuting the appeal. It was submitted by the ld AR that the
assessee is very much interested in prosecuting the present appeal and given
that the appeal has been decided ex-parte by the ld CIT(A), the assessee may
be allowed one more opportunity to represent its case and file necessary
submissions / information before the Ld. CIT(A), NFAC, Delhi. It was stated by the
ld AR that the assessee shall not seek any adjournment in the matter except in
any exceptional circumstances subject to satisfaction of the ld CIT(A) and shall
duly co-operate in timely completion of the proceedings before the ld CIT(A)
and
5. Per contra, the Ld. DR has relied on the order of the lower authorities.
3
6. We have heard the rival contentions and perused the material available
on the record. We find that the matter has been decided ex-parte qua the
assessee without deciding on the merits of the case holding that the assessee is
not interested in prosecuting the same. Taking into considerations aforesaid
submissions made by the ld AR on behalf of the assessee, we believe that
assessee deserves one more opportunity to represent its case and file necessary
information / documentation so that the matter may be decided on merits after
providing reasonable opportunity to the assessee. Therefore, we set aside the
matter to the file of the Ld. CIT(A), NFAC, Delhi to decide the same afresh as per
law after providing reasonable opportunity to the assessee.
7. In the result, appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open Court on
12/05/2023 .
Sd/- Sd/-
आकाश द
प जैन #व$म &संह यादव
(AAKASH DEEP JAIN) ( VIKRAM SINGH YADAV)
उपा य / VICE PRESIDENT लेखा सद+य/ ACCOUNTANT MEMBER
AG
Date: 12/05/2023
(+! , -.-
Copy of the order forwarded to :
1.
The Appellant
2.
The Respondent
3.
$
/
CIT
4. -0ग 23 &23456ग7
DR, ITAT, CHANDIGARH
5. ग68%
Guard File
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By order,
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Assistant Registrar
