ESJAY INTERNATIONAL P.LTD, MUMBAI V. ADDL CIT 6(2), MUMBAI

ITA 1108/MUM/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 7777 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-03-2017
• Appeal Filed By: Assessee
• Bench Allotted: E
• Assessment Year: 2010-2011
• Appeal Filed On: 19-02-2014
• Court: TRIBUNAL
• Department Lawyers: ARJU GARODIA
• Keywords: Opportunity of being heard; Principle of natural justice
• Section: 14A; 115JB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER AND SHRI SANDEEP GOSAIN, JUDICIAL MEMBER I.T.A. NO. 1108/M/2014 (ASSESSMENT YEAR: 2010 - 2011 ) M/S. ESJAY INTERNATIONAL PVT LTD., 48, LAXMI INDUSTRIAL ESTATE, OFFFURGUSON ROAD, HANUMAN GALI, LOWER PAREL, MUMBAI - 13. / VS. THE ADDL. CIT - 6(2), AAYAKAR BHAVAN, MUMBAI. ./ PAN : AAACE1066B ( / APPELLANT) .. ( / RESPONDENT ) / APPELLANT BY : SHRI NISHANT THAKKAR / RESPONDENT BY : MS. ARJU GARODIA, DR / DATE OF HEARING : 08 .03.2017 / DATE OF PRONOUNCEMENT : 17 .03.2017 / O R D E R PER D. KARUNAKARA RAO, AM: THIS APPEAL FILED BY THE ASSESSEE ON 19.2.2014 IS AGAINST THE ORDER OF THE CIT (A) - 12, MUMBAI DATED 4.12.20 13 FOR THE ASSESSMENT YEAR 2010 - 11. 2. IN THIS APPEAL ASSESSEE RAISED THREE GROUNDS IN TOTO AND THEY REVOLVE AROUND THE SOLITARY ISSUE RELATES TO THE DISALLOWANCE U/S 14A READ WITH RULE 8D AND ALSO U/S 115JB OF THE ACT. 3. AT THE OUTSET, LD COUNSEL FOR THE ASSESSEE FILED COPIES OF THE ORDERS OF THE TRIBUNAL IN ASSESSEES OWN CASE FOR THE AY 2008 - 09 IN ITA NO.6458/M/2011, DA TED 5.7.2013 AND FOR THE AY 2009 - 10 IN ITA NO. 6422/M/2013, DATED 27.5.2015 AND SUBMITTED THAT AN IDENTICAL ISSUE CAME UP FOR ADJUDICATION BEFORE THE TRIBUNAL AND THE SAME WAS REMANDED TO THE FILE OF THE AO FOR FRESH CONSIDERATION AND DECISION IN THE MATTE R. 4. AFTER HEARING LD REPRESENTATIVES OF BOTH THE PARTIES AND ON PERUSAL OF THE ORDERS OF THE ORDERS OF THE REVENUE AUTHORITIES AS WELL AS THE CITED DECISIONS OF THE TRIBUNAL (SUPRA), WE FIND, THE PRECEDENTS FILED BEFORE THE TRIBUNAL GUIDE US TO 2 REMAND THE ISSUE , RELATING TO DISALLOWANCE U/S 14A READ WITH RULE 8D AND ALSO U/S 115JB OF THE ACT , TO THE FILE OF THE AO FOR FRESH ADJUDICATION AND DECISION WITH IDENTICAL DIRECTIONS. ACCORDINGLY WE ORDER. AO SHALL GRANT A REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE AS PER THE SET PRINCIPLES OF NATURAL JUSTICE. ACCORDINGLY, GROUNDS RAISED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COU RT ON 1 7 T H MARCH, 2017. S D / - S D / - ( SANDEEP GOSAIN) (D. KARUNAKARA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; 17.03.2017 . . ./ OKK , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI