Sh. Govind Kumar Gupta, Shivpuri v. I.T.O., Shivpuri

IN THE INCOME TAX APPELLATE TRIBUNAL (S.M.C.)AGRA BENCH AGRA BEFORE: SHRI BHAVNESH SAINI JUDICIAL MEMBER ITA NO. 44/AGRA/ 2014 ASSTT. YEAR: 2005-06 GOWIND KUMAR GUPTA VS. THE INCOME TAX OFFICER PROP. GOVIND HARDWARE STORE SHIVPURI (M.P.) JHANSI TIRAHA SHIVPURI (M.P.) (PAN ABEPG 5706 C) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI NAVIN GARGH ADVOCATE RESPONDENT BY : SMT. ANURADHA JR. D.R. DATE OF HEARING : 02.04.2014 DATE OF PRONOUNCEMENT : 02.04.2014 ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)- GWALIOR DATED 18.12.2013 FOR A.Y. 2005-06 CHALLENG ING THE ADDITION OF RS.56 621/- ON ACCOUNT OF TRADING ADDITIONS AND RS. 56 921/- BEING DISALLOWANCE OF INTEREST UNDER SECTION 40A(IA) OF THE I.T. ACT. 2 AFTER HEARING THE RIVAL CONTENTIONS I AM OF THE VIEW THAT THE MATTER REQUIRES RECONSIDERATION AT THE LEVEL OF THE LD. CI T(A). SECTION 250(6) OF THE ITA NO.44/AGRA/2014 A.Y. 2005-06 2 INCOME TAX ACT REQUIRES THE LD. CIT(A) TO MENTION P OINT FOR DETERMINATION AND REASONS FOR DECISION IN THE APPELLATE ORDER WHILE D ECIDING THE APPEAL. 3 IN THIS CASE THE LD. CIT(A) DID NOT MENTION POIN T FOR DETERMINATION AND REASONS ON DECISION ON MERIT IN THE IMPUGNED ORDER AND MERELY ON ACCOUNT OF NON-APPEARANCE FROM THE SIDE OF THE ASSESSEE AT THE TIME OF HEARING OF THE APPEAL DISMISSED THE APPEAL OF THE ASSESSEE. LD. COUNSEL F OR THE ASSESSEE ALSO SUBMITTED THAT NO NOTICE HAS BEEN SERVED UPON ASSESSEE FOR HE ARING OF THE APPEAL. THE IMPUGNED ORDER THUS CANNOT BE SUSTAINED IN LAW. I ACCORDINGLY SET ASIDE THE ORDER OF THE LD. CIT(A) AND RESTORE THE APPEAL OF T HE ASSESSEE TO HIS FILE WITH DIRECTION TO REDECIDE THE APPEAL OF THE ASSESSEE ON MERITS GIVING REASON FOR DECISION IN THE ORDER IN ACCORDANCE WITH LAW BY GI VING REASONABLE SUFFICIENT OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. 4. IN THE RESULT APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. (ORDER PRONOUNCED IN THE OPEN COURT) SD/- (BHAVNESH SAINI) JUDIC IAL MEMBER AMIT/ ITA NO.44/AGRA/2014 A.Y. 2005-06 3 COPY OF THE ORDER FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT (APPEALS) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT AGRA BENCH AGRA 6. GUARD FILE. BY ORDER SR. PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL AGRA TRUE COPY