IN THE INCOME TAX APPELLATE TRIBUNAL
                 DELHI BENCH `A', NEW DELHI

      BEFORE SH. BHAVNESH SAINI, JUDICIAL MEMBER
                           AND
         SH. R. K. PANDA, ACCOUNTANT MEMBER


                         ITA No.4438/Del/2016
                      Assessment Year: 2008-09

     Athena Energy Venture Pvt.   Vs. DCIT
     Ltd.,Second Floor, Vijaya        Circle ­ 2 (1)
     Building,                        New Delhi
     17, Barakhamba Road,
     New Delhi
     PAN No. AAGCA2179K
     (APPELLANT)                       (RESPONDENT)


     Appellant by                    Sh. Suresan, CA
     Respondent by                   Sh. S. L. Anuragi, Sr. DR

     Date of hearing:                06/02/2020
     Date of Pronouncement:          17/02/2020

                              ORDER
PER R.K PANDA, AM:
        This appeal filed by the assessee is directed against the
order dated 21.12.2015 of the CIT(A)-1, New Delhi relating to
A.Y.2008-09.
2.      There is a delay of 150 days in filing of the appeal by the
assessee for which the assessee has filed a condonation petition
explaining the reason for such delay. After hearing both the sides
and after going through the contents of the condonation
application, the delay in filing of the appeal by the assessee is
condoned and the appeal is being admitted for hearing.
3.     Although a number of grounds have been raised by the
assessee, these all relate to the exparte order of the CIT(A) in
confirming the penalty of Rs.3,39,900/- levied by the AO u/s. 271
(1) (c) of the IT Act.






4.     Facts of the case, in brief, are that the assessee filed its
return of income on 30.11.2008 declaring nil income.       The AO
completed the assessment u/s.143 (3) on 16.11.2010 determining
total loss at Rs.68,75,170/- wherein apart from other additions
he made addition of Rs. 10 lacs being the stamp duty paid to the
ROC for increase in authorized capital since assessee, in the
computation       of     income,   had   disallowed   suo-moto    of
Rs.24,85,300/- as against Rs.34,85,300/-. While doing so the AO
relied on the decision of Hon'ble Supreme Court in the case of
Brooke Bond India Ltd. Vs. CIT 225 ITR 798. The AO thereafter
initiated penalty proceedings u/s. 271 (1) (c) of the IT Act, 1961
and levied penalty of Rs.3,39,900/- being 100% of tax sought to
be evaded.
5.     Since none appeared before the CIT(A) despite number of
opportunities granted, the Ld. CIT(A), in the exparte order passed
by him, sustained the penalty so levied by the AO.
6.     Aggrieved with such order of the CIT(A), the assessee is in
appeal before the Tribunal.
7.     We have heard the rival arguments made by both the sides
and perused the orders of the authorities below. It is an admitted
fact that despite number of opportunities granted, the assessee
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did not appear before the CIT(A) for which the Ld. CIT(A) passed
the exparte order and thereafter sustained the penalty levied by
the AO u/s. 271 (1) (c) of the IT Act, 1961. It is the submission of
the ld. Counsel for the assessee that in the interest of justice the
assessee should be given one final opportunity to represent its
case before the CIT(A). Considering the totality of the facts of the
case and in the interest of justice we deem it proper to restore the
issue to the file of the CIT(A) with a direction to grant one final
opportunity to the assessee to substantiate its case and decide
the issue as per fact and law.         The assessee is also hereby
directed to appear before the CIT(A) without seeking any
adjournment under any pretext failing which the Ld. CIT(A) is at
liberty to decide the issue as per fact and law.           The grounds
raised by the assessee are accordingly allowed for statistical
purpose.
8.       In the result, the appeal filed by the assessee is allowed for
statistical purpose.
         Order pronounced in the open court on 17.02.2020.




     Sd/-                                        Sd/-
 (BHAVNESH SAINI)                           (R.K PANDA)
 JUDICIAL MEMBER                         ACCOUNTANT MEMBER
*Neha*
Date:- 17.02.2020
Copy forwarded to:
1.      Appellant
2.      Respondent
3.      CIT
4.      CIT(Appeals)
5.      DR: ITAT
                                             ASSISTANT REGISTRAR
                                                   ITAT NEW DELHI


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Date of dictation                                              06.02.2020
Date on which the typed draft is placed before the dictating   06.02.2020
Member
Date on which the approved draft comes to the Sr.PS/PS         17.02.2020
Date on which the fair order is placed before the Dictating    17.02.2020
Member for Pronouncement
Date on which the fair order comes back to the Sr. PS/ PS      17.02.2020
Date on which the final order is uploaded                      17.02.2020
 on the website of ITAT
Date on which the file goes to the Bench Clerk                 17.02.2020
Date on which file goes to the Head Clerk.
The date on which file goes to the Assistant Registrar for
signature on the order
Date of dispatch of the Order




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