2023 (11) TMI 811 - HC - Income Tax

Denial of natural justice - no opportunity to deal with the decision as relied to make Addition u/s 68 - addition was made on account of purported unexplained credit entry concerning share capital/share premium - HELD THAT - As fairly stated that the appellant/assessee was not represented before the Tribunal. Clearly, in view of this circumstance, the appellant/assessee had no opportunity to deal with the decision on which the Tribunal has relied while passing the impugned order. Concededly, no hearing was held between 13.12.2022 and the date on which impugned order was passed. In these circumstances, the impugned order is set aside and the matter is remanded to the Tribunal for a fresh hearing. Needless to add that, we have not examined the merits of the matter. The Tribunal will, thus, be free to arrive at its own conclusion while deciding the matter on merits.

Summary

Issues Involved: Application for condonation of delay in re-filing the appeal, Appeal against order passed by the Income Tax Appellate Tribunal, Deletion of addition under Section 68 of the Income Tax Act, 1961, Reliance on previous judgment, Lack of representation before the Tribunal, Setting aside of impugned order and remand for fresh hearing.

Condonation of Delay in Re-filing the Appeal:
An application was filed seeking condonation of a 47-day delay in re-filing the appeal. The respondent/revenue did not oppose the application, and the delay was accordingly condoned. The application was disposed of in the mentioned terms.

Appeal Against Tribunal's Order:
The appeal pertained to Assessment Year 2010-11 and aimed to challenge the order passed by the Income Tax Appellate Tribunal. The order by the Commissioner of Income Tax (Appeals) deleting an addition under Section 68 of the Income Tax Act, 1961, related to unexplained credit entry concerning share capital/share premium. The Tribunal's decision in favor of the revenue was based on a previous judgment involving Blessings Commercial Pvt. Ltd., an investor in the share capital/share premium received by the appellant/assessee.

Lack of Representation and Remand for Fresh Hearing:
It was revealed that the appellant/assessee was not represented before the Tribunal during the proceedings. Due to this, the appellant had no opportunity to address the decision relied upon by the Tribunal. Consequently, the impugned order was set aside, and the matter was remanded to the Tribunal for a fresh hearing. The High Court clarified that they had not examined the merits of the case, leaving the Tribunal free to reach its own conclusion. To expedite the process, the Tribunal was directed to convene on a specified date for further directions. The appeal and pending applications were disposed of accordingly, with parties instructed to act based on the digitally signed copy of the order.