M/s Design & Décor (India) (P) Ltd. v. ACIT, Circle-7(1), New Delhi
[Citation -2016-LL-0920-33]

Citation 2016-LL-0920-33
Appellant Name M/s Design & Décor (India) (P) Ltd.
Respondent Name ACIT, Circle-7(1), New Delhi
Court ITAT-Delhi
Relevant Act Income-tax
Date of Order 20/09/2016
Assessment Year 2002-03
Judgment View Judgment
Keyword Tags specific direction • ex-parte order
Bot Summary: The main grievance of the assessee in this appeal relates to the ex-parte order passed by the ld. Facts of the case in brief are that the assessee filed the return of income on 31.10.2002 declaring Nil income which was processed u/s 143(1) of the Income Tax Act, 1961. The matter traveled up to the level of the ITAT wherein vide order dated 21.10.2015, the case 2 ITA No. 1750/Del/2016 Design D cor Ltd. was restored back to the file of the ld. CIT(A) nowhere mentioned that opportunity of being heard was given to the assessee although there was specific direction in ITA No. 6252/Del/2013 order dated 21.10.2015 that the issue was to be decided by the ld. CIT(A) in accordance with law after giving proper opportunity of being heard to the assessee. CIT(A) to be decided in accordance with law after providing due and reasonable opportunity of being heard to the assessee. In the result, appeal of the assessee is allowed for statistical purposes.


IN INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC-1 , NEW DELHI Before Sh. N. K. Saini, Accountant Member ITA No. 1750/Del/2016 : Asstt. Year : 2002-03 M/s Design & D cor (India) (P) Vs ACIT, Ltd., D-5, Sector-20, Circle-7(1), Noida-201301 New Delhi (APPELLANT) (RESPONDENT) PAN No. AABCD8853C Assessee by : None Revenue by : Sh. F. R. Meena, Sr. DR Date of Hearing : 20.09.2016 Date of Pronouncement : 20.09.2016 ORDER This is appeal by assessee against order dated 11.03.2016 of ld. CIT(A)-III, Delhi. 2. main grievance of assessee in this appeal relates to ex-parte order passed by ld. CIT(A) while confirming addition made by AO. 3. Facts of case in brief are that assessee filed return of income on 31.10.2002 declaring Nil income which was processed u/s 143(1) of Income Tax Act, 1961 (hereinafter referred to as Act). Later on, case was reopened and assessment was framed at income of Rs.5,11,000/- by making addition of same amount. matter traveled up to level of ITAT wherein vide order dated 21.10.2015, case 2 ITA No. 1750/Del/2016 Design & D cor (India) (P) Ltd. was restored back to file of ld. CIT(A) who passed ex- parte order and again sustained addition made by AO. 4. It is noticed from impugned order that ld. CIT(A) nowhere mentioned that opportunity of being heard was given to assessee although there was specific direction in ITA No. 6252/Del/2013 order dated 21.10.2015 that issue was to be decided by ld. CIT(A) in accordance with law after giving proper opportunity of being heard to assessee. It is well settled that nobody should be condemned unheard as per maxim audi alteram partem , therefore, I deem it appropriate to set aside this case back to file of ld. CIT(A) to be decided in accordance with law after providing due and reasonable opportunity of being heard to assessee. 5. In result, appeal of assessee is allowed for statistical purposes. (Order Pronounced in Court on 20/09/2016) Sd/- (N. K. Saini) ACCOUNTANT MEMBER Dated: 20/09/2016 Subodh Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5.DR: ITAT ASSISTANT REGISTRAR M/s Design & Décor (India) (P) Ltd. v. ACIT, Circle-7(1), New Delhi
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