PREM PRAVINCHANDRA AVICHAL( L.H OF SHRI PRVINCHANDRA C.AVICHAL), MUMBAI V. ASST CIT 11(3), MUMBAI

ITA 1318/MUM/2013

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 1956 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 10 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-12-2015
• Appeal Filed By: Assessee
• Bench Allotted: C
• Next Hearing Date: 02-03-2015
• Assessment Year: 2003-2004
• Appeal Filed On: 15-02-2013
• Court: TRIBUNAL
• Department Lawyers: K RAVIKIRAN
• Keywords: Opportunity of being heard; Principle of natural justice
• Section: 143(3); 234B

Judgement Text

IN THE INCO ME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI BEFORE SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER AND SHRI AMARJIT SINGH, JUDICIAL MEMBER I.T.A. NO. 1318/M/2013 (ASSESSMENT YEAR : 2003 - 2004 ) I.T.A. NO. 1319/M/2013 (ASSESSMENT YEAR : 2004 - 2005 ) I.T.A. NO. 1320/M/2013 (ASSESSMENT YEAR : 2005 - 2006 ) I.T.A. NO. 1321/M/2013 (ASSESSMENT YEAR : 2006 - 2007 ) I.T.A. NO. 1322/M/2013 (ASSESSMENT YEAR : 2007 - 2008 ) I.T.A. NO. 4510/M/2013 (ASSESSMENT YEAR : 2008 - 2009 ) SHRI PREM PRAVINCHANDRA AVICHAL (L/H OF L ATE SHRI PRAVINDHANDRA C. AVICHAL), YUSUF MANSION, B - BLOCK, 4 TH FLOOR, KHETWADI, BACK ROAD, BEHIND CYRUS HOTEL, MUMBAI - 04. / VS. ACIT - 11(3), AAYAKAR BHAVAN, M.K. ROAD, MUMBAI. ./ PAN : AABHH6838G ( / APPELLANT) .. ( / RESPONDENT ) / APPELLANT BY : SHRI NISHIT GANDHI / RESPONDENT BY : SHRI K. RAVI KIRAN, DR / DATE OF HEARING : 15 .12.2015 / DATE OF PRONOUNCEMENT : 18 .12.2015 / O R D E R PER D. KARUNAKARA RAO, AM: THERE ARE SIX APPEALS UNDER CONSIDERATION. ALL THESE APPEALS ARE FILED BY THE ASSESSEE INVOLVING THE AYS 2003 - 04 TO 2008 - 2009. SINCE, THE APPEALS RAISED IN ALL THESE APPEALS ARE COMMON, THEREFORE, FOR THE SAKE OF CONVENIENCE, THEY ARE CLUBBED, HEARD COMBINEDLY AND DI SPOSED OF IN THIS CONSOLIDATED ORDER. APPEAL WISE ADJUDICATION IS GIVEN IN THE FOLLOWING PARAGRAPHS OF THIS ORDER. 2. THE COMMON ISSUES RAISED IN ALL THESE APPEALS INCLUDES (I) CIT (A)S FAILURE TO GRANT REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESS EE; (II) VALIDITY OF THE RE - ASSESSMENTS; (III) ADDITION MADE ON ACCOUNT OF OPENING CAPITAL BALANCE AND ANOTHER ADDITIONS ON ACCOUNT OF CASH DEPOSITS U/S 68; AND (IV) LEVY OF INTEREST U/S 234B AND 234C OF THE ACT. 2 3. REFERRING TO THE ABOVE ISSUES, LD COUN SEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSMENTS IN ALL THE AYS UNDER CONSIDERATION ARE PASSED U/S 143(3) R.W.S 148 OF THE ACT. THIS IS THE SECOND ROUND OF RE - OPENING OF THE ASSESSMENTS. DESPITE THE MULTIPLE RE - OPENINGS OF THE ASSESSMENTS, THE ASSESSE E WAS NOT GIVEN PROPER OPPORTUNITY FOR A MEANINGFUL REPRESENTATION AND THEREFORE, LD COUNSEL FOR THE ASSESSEE NOW SEEKS FOR REMANDING THE MATTER TO THE FILE OF THE AO FOR FRESH ADJUDICATION. TAKING BACK TO THE RE - ASSESSMENT PROCEEDINGS, LD COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS A LEGAL REPRESENTATIVE TO LATE SHRI PRAVINCHANDRA C. AVICHAL, WHO EXPIRED ON 7.9.2010. WITHOUT GRANTING SUFFICIENT OPPORTUNITY, THESE RE - ASSESSMENTS WERE COMPLETED ON 31.12.2010 HURRIEDLY. TO SUBSTANTIATE THE SAME , LD COUNSEL FOR THE ASSESSEE BROUGHT OUR ATTENTION TO THE RE - ASSESSMENTS FOR THE AY 2003 - 2004 AND SUBMITTED THAT THE OPENING BALANCE OF THE CREDITS WAS ALSO ADDED IGNORING THE FACT THAT THEY SHOULD HAVE BEEN ASSESSED IN THE RELEVANT ASSESSMENT YEARS. HE ALSO MENTIONED THAT THERE ARE TRADING SHARES RELATED TRANSACTIONS AND THE NITTY - GRI TTY OF THE SAME WERE NOT PROPER L Y APPRECIATED. CONSIDERING THE ABOVE, LD COUNSEL FOR THE ASSESSEE NOW SEEKS REMANDING OF ALL THE RE - ASSESSMENTS UNDER CONSIDERATION TO THE F ILE OF THE AO. 4. AFTER HEARING BOTH THE PARTIES, WE FIND IT RELEVANT TO REMAND THE ASSESSMENTS TO THE FILE OF THE AO. WE ORDER ACCORDINGLY. AO IS DIRECTED TO PROVIDE AN OPPORTUNITY OF BEING HEARD TO THE ASSESSEE AS PER THE SET PRINCIPLES OF NATURAL JUSTICE AND PASS A SPEAKI NG ORDER ON EACH OF THE ISSUES RAISED IN THE GROUNDS OF ALL THE APPEALS. ACCORDINGLY, ALL THE GROUNDS RAISED IN ALL THE APPEALS ARE ALLOWED FOR STATISTICAL PURPOSES. 5. IN THE RESULT, ALL THE SIX APPEALS OF THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH DECEMBER, 2015. SD/ - SD/ - ( AMARJIT SINGH ) (D. KARUNAKARA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; 18 /12/2015 3 . . ./ 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