Before Sh. T. S. Kapoor, Accountant Member
ITA No. 517/Del/2019 : Asstt. Year : 2010-11
Appellant: Northern Securities P. Ltd., 102, Golf Links, New Delhi-110003
Respondent: Income Tax Officer, Ward-18(4), New Delhi-110002
PAN No: AABCN7193H
Assessee by: Sh. Vinod Gupta, CA
Revenue by: Sh. S. L. Anuragi, Sr. DR
Date of Hearing: 29.05.2019
Date of Pronouncement: 30.05.2019
This appeal was filed by the assessee against the order of the Commissioner of Income Tax (Appeals)-6, New Delhi dated 18.12.2018.
The assessment order in this case was passed under section 144 of the Income Tax Act as the company had been struck off from the Registrar of Companies. There was a rift between the directors, with one director not taking any interest and the other director, Sh. Rakesh Sanon, remaining ill. Medical certificates were provided to support this claim.
Due to these circumstances, the assessee could not represent itself before the Assessing Officer, resulting in an ex-parte assessment order passed on 25.12.2017. The assessee was also under the impression that the appeal would be heard in January 2019, but instead received an appellate order dismissing the appeal.
The ld. Authorized Representative (AR) submitted that the matter should be set aside to the Assessing Officer to allow the assessee to file complete details. The ld. Departmental Representative had no serious objection to this proposal but suggested that the case be remitted back to the CIT(A).
The tribunal acknowledged that the order was passed under section 144 due to reasonable cause. Given the circumstances, including the director’s illness and the company’s name being struck off, the tribunal deemed it appropriate to remit the issue back to the Assessing Officer. The Assessing Officer is directed to pass a fresh assessment order after providing sufficient opportunity for the assessee to be heard.
The assessee is also directed to cooperate with the Assessing Officer and not seek unnecessary adjournments.
In conclusion, the appeal of the assessee is allowed for statistical purposes.
(Order pronounced in the Court on 30th day of May, 2019 at New Delhi)
Sd/-
(T. S. Kapoor)
Accountant Member
Dated: 30/05/2019
*Subodh*
Copy forwarded to:
ASSISTANT REGISTRAR
Northern Securities P.Ltd vs ITO, Ward-18(4), New Delhi – ITA 517/DEL/2019
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