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2018 (6) TMI 1333

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..... the issue in right perspective. Although we are inclined to dismiss the appeal of the assessee for want of active participation in the appellate proceedings before us, in the interest of justice, we deem it fit to restore the file to the office of the Ld. CWT (A) to be adjudicated de novo after giving due opportunity to the assessee to present its case - WTA No. 23/Del/2013 - - - Dated:- 13-4-2018 - SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER For The Appellant : Shri Rahul Chaurasia, CA For The Respondent : Shri Atiq Ahmad, Sr. DR ORDER PER SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER: This appeal has been preferred by the assessee against the order of the Ld. Commission .....

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..... he assessee has approached the ITAT and has filed this appeal by raising the following ground:- That the order dated 22-04-2013 passed by the Learned Commissioner of Wealth-Tax (Appeals) XVII, New Delhi is against law and facts on the file inasmuch as he was not justified in holding that the Company was not entitled to any allowance on account of deprecation for calculating the value of Lamborghini Car for computation of wealth tax liability on the unjustified ground that the ownership of the said Car was not with the Appellant Company and therefore it was not entitled to any depreciation thereon. 3. An application for adjournment on behalf of the Ld. AR was placed before us when the appeal was called out for hearing. A perusal .....

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..... oted that the assessee s appeal before the ITAT was decided in assessee s favour. Thus, there appears to be a contradiction in the finding recorded by the Ld. CWT (A). The Ld. AR also could not shed any light on the issue. This afore mentioned order of the ITAT has not been placed before us by either of the parties and nor have any supporting documents been filed by the assessee so as to enable us to appreciate the issue in right perspective. Although we are inclined to dismiss the appeal of the assessee for want of active participation in the appellate proceedings before us, in the interest of justice, we deem it fit to restore the file to the office of the Ld. CWT (A) to be adjudicated de novo after giving due opportunity to the assessee .....

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