Steadfast Officer Automation Pvt. Ltd. v. Income-tax Officer, Ward-24(2), New Delhi
[Citation -2019-LL-0905-44]

Citation 2019-LL-0905-44
Appellant Name Steadfast Officer Automation Pvt. Ltd.
Respondent Name Income-tax Officer, Ward-24(2), New Delhi
Court ITAT-Delhi
Relevant Act Income-tax
Date of Order 05/09/2019
Assessment Year 2015-16
Judgment View Judgment
Keyword Tags office expenses • ex-parte order • sales promotion • financial charges • addition to income • non-appearance • application for adjournment • service of notice
Bot Summary: The return filed by the assessee on 30.03.2016 declaring a loss of Rs.32,109/- w as taken up for assessment u/s 143(3) of the Income Tax Act and compl eted the assessment ex-pa rte making addition on account of trade payable shown i n the balance sheet and office expenses, sales prom otion, financial cost cl ai med in the PL account. AR pl eaded based on the affidavit filed by the assessee that the assessee could not attend before the Assessing Officer owing to 2 ITA No. 4757/Del/2019 Steadfast Office Automation Pvt. Ltd. misplacement of rel evant documents due to shifting of registered office. He further brought to our notice that only one notice was received by the assessee and an adjournment was sought before the l d. C IT. However, the l d. CIT ha s passed an order declining the adjournment sought by the assessee. We fi nd that as per the Form No. INC-22 of MC A, i t i s a fact that the assessee has shi fted hi s regi stered offi ce address which l ed to mi splacement of relevant documents. The a ssessee has al so categorically submitted in the affidavit that no intimation has been received by the E-mail from the office of the l d. CIT. Hence, keeping in view, the entirety of the facts and circumstances of the case, we hold that interest of the justice would be well served i f the cases remanded back to the file off the l d. CIT for adjudicati on on meri ts afresh taking into consi derati on the submi ssi on of the assessee. We believe, the assessee w ould not in issuse the trust reposed upon an d comply with the notices issued by the ld. In the result, the appeal of the assessee is allowed for statistical purpose.


IN INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES G , NEW DELHI Before Sh. Amit Shukla, Judicial Member Dr. B. R. R. Kumar, Accountant Member ITA No. 4757/Del/2019 : Asstt. Year : 2015-16 Steadfast Officer Automation Vs Income Tax Officer, Pvt. Ltd., 437, 4th Floor, DLF Ward-24(2), Prime Tower, Phase-I, Okhla, New Delhi-110002 New Delhi-110020 (APPELLANT) (RESPONDENT) PAN No. AAMCS9289E Assessee by : Sh. Sameer Kapoor, CA Revenue by : Sh. N. K. Bansal, Sr. DR Date of Hearing: 22.08.2019 Date of Pronouncement: 05.09.2019 ORDER Per Dr. B. R. R. Kumar, Accountant Member: present appeal has been filed by assessee against order of l d. CIT(A)-8, New Delhi dated 14.03.2019. 2. return filed by assessee on 30.03.2016 declaring loss of Rs.32,109/- w as taken up for assessment u/s 143(3) of Income Tax Act and compl eted assessment ex-pa rte making addition on account of trade payable shown i n balance sheet and office expenses, sales prom otion, financial cost cl ai med in P&L account. l d. CIT (A) after giving four opportunities has passed ex-parte orde r confirming additions made by Assessing Officer. Before us, ld. AR pl eaded based on affidavit filed by assessee that assessee could not attend before Assessing Officer owing to 2 ITA No. 4757/Del/2019 Steadfast Office Automation Pvt. Ltd. misplacement of rel evant documents due to shifting of registered office. He further brought to our notice that only one notice was received by assessee and adjournment was sought before l d. C IT (A). However, l d. CIT (A) ha s passed order declining adjournment sought by assessee. It was argued that given opportunity, all compliances would be made before ld. CIT (A) without fail . On other hand, l d. DR vehemently opposed to pl ea of assessee and rguedrelying on judgment of Honble High Court of Gujarat in case of Ashokji Chanduji Thakor R/Tax Appeal No. 1160 of 2018 that assessee who has fail ed to comply to notices issued by revenue authorities should not be all owed any further opportunities. 3. Heard arguments of both parties and perused material avail abl e on record. 4. We fi nd that as per Form No. INC-22 of MC A, i t i s fact that assessee has shi fted hi s regi stered offi ce address which l ed to mi splacement of relevant documents. a ssessee has al so categorically submitted in affidavit that no intimation has been received by E-mail from office of l d. CIT (A). Hence, keeping in view, entirety of facts and circumstances of case, we hold that interest of justice would be well served i f cases remanded back to file off l d. CIT (A) for adjudicati on on meri ts afresh taking into consi derati on submi ssi on of assessee. We believe, assessee w ould not in issuse trust reposed upon d comply with notices issued by ld. CIT (A) promptly without taking any unnecessary adjournments. 3 ITA No. 4757/Del/2019 Steadfast Office Automation Pvt. Ltd. 5. In result, appeal of assessee is allowed for statistical purpose. (Order Pron ounced i n Open Court on 05/09/2019). Sd/- Sd/- (Amit Shukla) (Dr. B. R. R. Kumar) Judicial Member Accountant Member Dated: 05/09/2019 Subodh Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR Steadfast Officer Automation Pvt. Ltd. v. Income-tax Officer, Ward-24(2), New Delhi
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