Anant Media Pvt. Ltd. Vs ACIT (ITAT Delhi)
ITAT held that 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 with 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 pre-empted 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 by the assessee before the conclusion of the proceedings.
FULL TEXT OF THE ORDER OF ITAT DELHI
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.”
3. 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.
4. The proceedings before the ld. CIT(A) were as under:
