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March 15, 2022

ITAT Delhi imposes cost on Assessee for failure to attend before CIT(A)

ITAT Delhi imposes cost on Assessee for failure to attend before CIT(A)

Fact and Issue of the case

The assessee field return of income declaring total loss of Rs.4,95,25,480/- which has been revised to total loss of Rs.5,63,91,626/-. The assessment has been completed making an addition of Rs.3,05,00,000/- on account of share premium and loans.

The present appeal has been filed by the assessee against the order of ld. CIT(A)-27, New Delhi dated 25.01.2019. 2. Following grounds have been raised by the assessee: “1) The order of the Ld. Commissioner of Income Tax (Appeals) -I, New Delhi as well as the Ld. AO is bad in law, wrong on the facts and against the principles of natural justice. 2) That on the facts and in the circumstances of the case, the order of the Ld. CIT (Appeals) and Assessing Officer is against the legal principles of audi alteram partem and therefore the order is bad in law and needs to be quashed. 3) That on the facts and in the circumstances of the case, the Ld. Assessing Officer and the Ld. CIT(A) have erred in making the arbitrary addition which needs to be deleted. 4) That on the facts and in the circumstances of the case, even otherwise, the addition so made and sustained by the CIT(A) on ex-parte basis is wrong, illegal .totally baseless and without any merits keeping in view the facts of the case, the submissions of the appellant, the relevant provisions of the law, the judicial pronouncements.”

Observation of the Court

Aggrieved with the order of the ld. CIT(A) confirming the order of the Assessing Officer, the assessee filed appeal before the Tribunal on 01.03.2019 and revised Form 36 has been filed vide letter dated 11.03.2019. The notice of hearing was issued on 02.12.2021 fixing the date of hearing on 18.01.2022 at the address given in From 36. No one attended on the date of hearing nor any adjournment letter was filed. We observe that there is no effect on payment of tax by the assessee as the assessed returned income culminated in loss of Rs.2.58 Crores. This only leads to conclusion that the assessee is aggrieved with the additions on a basis of principle and future effect of carry forward of losses. The assessee has failed to appear on 14 occasions before the ld. CIT(A) and has taken up the grounds before the Tribunal pertaining to legal principles of “audi alteram partem” and sustenance of order of the AO by the ld. CIT(A) on “ex-parte” basis. We strongly believe that every assessee has a right to appeal before the authorities against any addition or disallowance made to the returned income, at the same time, it is least expected that the assessee would comply to the notices issued by the authorities in an appropriate way. The assessee having miserably failed to attend before the ld. CIT(A) has taken the grounds of “audi alteram partem” before us. While the grievance of the assessee is not being preempted by us, at the same time, we feel that the conduct of the assessee is clogging the already burdened justice delivery system. Hence, we hereby direct the assessee to pay an amount of Rs.10,000/- to the “Prime Minister’s National Relief Fund” and approach the ld. CIT(A) for a fresh hearing denovo which shall be considered. The ld. CIT(A) is hereby directed to afford an opportunity of being heard to the assessee before conclusion of the proceedings. In the result, the appeal of the assessee is allowed for statistical purpose.


The court dismissed the appeal and ruled against the assessee

Read the full order from below


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