M/S V N EXPORTS , MUMBAI V. ASST CIT 19(3) , MUMBAI

ITA 1174/MUM/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 6767 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-09-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2011-2012
• Appeal Filed On: 17-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: USHA GAIKWADLD
• Keywords: Principle of natural justice
• Section: 201; 13

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI , , BEFORE HONBLE SHRI PAVAN KUMAR GADALE , JM AND HONBLE S HRI MANOJ KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) 1. ./ I.T.A. NO. 1174/MUM/2020 ( / ASSESSMENT YEAR: 201 1 - 12 ) & 2. ./ I.T.A. NO. 1175/MUM/2020 ( / ASSESSMENT YEAR: 2012 - 13 ) M/S V. N. EX PORTS 1306, PRASAD CHAMBERS, TATA ROAD - 2, OPERA HOUSE, MUMBAI - 400 004 / VS. A CIT - 19(3 ) MATRU MANDIR, TARDEO ROAD, MUMBAI - 400 007 ./ ./ PAN/GIR NO. AACFV - 4623 - L ( / APPELLANT ) : ( / RESPONDENT ) / APP ELLANT BY : NONE / RESPONDENT BY : MS. USHA GAIKWAD - LD. SR. DR / DATE OF HEARING : 07/09 /2021 / DATE OF PRONOUNCEMENT : 07/09/2021 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER): - 1 . AFORESAID APPEAL S BY ASSESSEE FOR ASSESSMENT YEAR S (AY) 201 1 - 12 & 20 12 - 13 CONTEST SEPARATE ORDERS OF LEARNED FIRST APPELLATE AUTHORITY. 2. AT THE TIME OF HEARING, NONE APPEARED FOR ASSESSEE. UPON PERUSAL OF IMPUGNED ORDER, IT COULD BE SEEN THAT THE IMPUGNED ORDERS ARE EX - PARTE ORDERS SINCE THE ASSESSEE FAILED TO APPEAR DURING APPELLATE PROCEEDINGS 2 DESPITE BEING PROVIDED WITH SUFFICIENT OPPORTUNITY OF HEARING. THE LD. DR PLEADED FOR DISMISSAL OF THE APPEAL S . THE SOLE ISSUE INVOLVED IN THE APPEALS IS ADDITION ON ACCOUNT OF S USPICIOUS PURCHASES. 3. UPON PERUSAL OF ASSESSMENT ORDERS, WE FIND THAT LD. AO MADE CERTAIN ESTIMATED ADDITIONS O N ACCOUNT OF SUSPICIOUS PURCHASES . UPON FURTHER APPEAL, LD. CIT(A) NOT ONLY CONFIRMED THE ADDITION, BUT ALSO ENHANCED THE SAME AND DISALLOWED E NTIRE PURCHASES. AGGRIEVED THE ASSESSEE IS IN FURTHER APPEAL BEFORE US. 4 . THOUGH, WE CONCUR WITH THE SUBMISSIONS OF LD. DR , HOWEVER, KEEPING IN VIEW THE PRINCIPLES OF NATURAL JUSTICE, WE DEEM IT FIT TO G RANT ANOTHER OPPORTUNITY OF HEARING TO THE ASSESSEE. ACCORDINGLY, THE IMPUGNED ORDER S ARE SET - ASIDE AND THE MATTER , FOR BOTH THE YEARS, ARE RESTORED TO THE FILE OF LD. CIT(A) FOR FRESH ADJUDICATION A FTER PROVIDING SUFFICIENT OPPORTUNITY OF HEARING TO THE ASSESSEE. THE ASSESSEE, IN TURN, IS DIRECTED TO SUBST ANTIATE HIS STAND FAILING WHICH LD. CIT(A) SHALL BE AT LIBERTY TO RE - ADJUDICATE THE MATTER ON THE BASIS OF MATERIAL ON RECORD. 5. BOTH THE APPEALS STAND ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON 07 TH SEPTEMBER, 2021. SD/ - SD/ - (PAVAN KUMAR GADALE ) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 07 /09/2021 SR.PS, DHANANJAY 3 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.