Metro Heritage Pvt Ltd Vs DCIT (ITAT Ahmedabad)
Metro Heritage Pvt Ltd appealed against the order of the CIT(A) after the latter dismissed the case for non-compliance during the COVID-19 pandemic and a hotel fire that destroyed essential records. The CIT(A) rejected the company’s appeal due to the lack of proper evidence and failure to comply with notices, including one regarding a significant share premium discrepancy and depreciation claims. The company argued that the pandemic, a devastating fire, and the departure of a consultant handling its tax matters hampered its ability to present the necessary documentation. The Income Tax Appellate Tribunal (ITAT) acknowledged these disruptions and noted that the CIT(A) had not provided a fair opportunity for the company to present its case. Consequently, the ITAT remanded the case back to the CIT(A) for fresh adjudication, emphasizing the need for proper verification of the submitted evidence. The tribunal also instructed the CIT(A) to give the company sufficient time to present its case while urging the company to cooperate fully with the proceedings.
FULL TEXT OF THE ORDER OF ITAT AHMEDABAD
This appeal is filed by the Assessee as against the order dated 21/06/2023 passed by the Commissioner of Income-tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as “the Ld.CIT(A)” in short] arising out of the assessment order dated 19/12/2018 passed by the Assessing Officer (AO) under section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) relevant to the Assessment Year (AY) 2016-17.
