SUPERMAX INTERNATIONAL P. LTD, MUMBAI V. DCIT CEN CIR 38, MUMBAI

ITA 1573/MUM/2013

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 8367 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 11 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-02-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 10-06-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 26-02-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B S BISTDR
• Keywords: Opportunity of being heard

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E, MUMBAI , . . , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI N.K. PRADHAN, ACCOUNTANT MEMBER ITA NO.1573/MUM/2013 ASSESSMENT YEAR: 2009-10 SUPERMAX INTERNATIONAL PVT. LTD. MALHOTRA HOUSE, 4 TH FLOOR, OPP. G.P. O. FORT, MUMBAI-400001 / VS. DCIT, CENTRAL CIRCLE-38, AAYAKAR BAHVAN, M.K. ROAD, MUMBAI-400020 ( '# $ /ASSESSEE) ( % / REVENUE) P.A. NO. AAACS8024R '# $ / ASSESSEE BY SHRI PRAYAG JHA & SHRI PRATEEK JHA % / REVENUE BY SHRI B.S. BIST-DR & % ' $ ( / DATE OF HEARING : 13/02/2017 ' $ ( / DATE OF ORDER: 21/02/2017 M/S SUPREMAX INTERNATIONAL PVT. LTD. ITA NO.1573/MUM/2013 2 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE ASSESSEE IS AGGRIEVED BY THE IMPUGNED ORDER DA TED 20/12/2012 OF THE LD. FIRST APPELLATE AUTHORITY, MU MBAI, ON THE GROUNDS STATED IN THE GROUNDS OF APPEAL. 2. DURING HEARING, THE LD. COUNSEL FOR THE ASSESSE E, SHRI PRAYAG JHA, ALONG WITH SHRI PRATIK JHA, INVITE D OUR ATTENTION TO PARA 2.3 OF THE IMPUGNED ORDER BY CONT ENDING THAT THE APPEAL OF THE ASSESSEE WAS DISMISSED WITHO UT PROVIDING ANY OPPORTUNITY OF BEING HEARD TO THE ASS ESSEE, THEREFORE, IT WAS SUBMITTED THAT THE ASSESSEE MAY B E HEARD AS THERE IS A VIOLATION OF PRINCIPLE OF NATURAL JUSTIC E. ON THE OTHER HAND, THE LD. DR, SHRI B.S. BIST, THOUGH DEFENDED T HE ADDITION/DISMISSAL OF APPEAL BUT DID NOT CONTROVERT THE FACTUAL MATRIX THAT EX-PARTE ORDER WAS PASSED BY THE FIRST APPELLATE AUTHORITY. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. THE FACTS , IN BRIEF, ARE THAT THE LD. ASSESSING OFFICER ASSESSED LONG TE RM CAPITAL GAINS ADOPTING THE VALUE AT RS.2100 PER SQ. YARD, B EING VALUE FIXED BY THE STAMP DUTY AUTHORITIES AS AGAINST RS.8 26 PER SQ. YARD, AGREED VALUE OF SALE CONSIDERATION. THE ASSES SEE OBJECTED TO THE ADOPTION OF HIGHER VALUE AND CONSEQUENT GAIN S. WITHOUT GOING INTO MUCH DELIBERATION, WE FIND THAT THE NOTI CE OF HEARING WAS NEVER SERVED UPON THE ASSESSEE, THEREFO RE, WE ARE M/S SUPREMAX INTERNATIONAL PVT. LTD. ITA NO.1573/MUM/2013 3 OF THE VIEW THAT NO PERSONS SHOULD BE CONDEMNED UNH EARD. EVER OTHERWISE, AS PER MANDATE OF CONSTITUTION OF I NDIA ONLY DUE TAXES HAS TO BE LEVIED/COLLECTED. THE IMPUGNED ORDER IS SET-ASIDE AND THE FIRST APPELLATE AUTHORITY IS DIRE CTED TO ADJUDICATE THE ISSUE ON MERIT FOR WHICH DUE OPPORTU NITY OF BEING HEARD BE PROVIDED TO THE ASSESSEE. THE ASSESS EE IS ALSO AT LIBERTY TO SUBSTANTIATE ITS CLAIM WITH HELP OF M ATERIAL EVIDENCE, IF ANY, AVAILABLE WITH THE ASSESSEE. THUS , THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES ONLY. FINALLY, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 13/02/2017. SD/- SD/- ( N.K. PRADHAN ) (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER & MUMBAI; * DATED : 21/02/2017 F{X~{T? P.S / +% %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. ,-./ / THE APPELLANT 2. 0./ / THE RESPONDENT. 3. 1 1 & 2$ ( ,- ) / THE CIT, MUMBAI. 4. 1 1 & 2$ / CIT(A)- , MUMBAI 5. 4%5 $ , 1 ,-( , 6 , & / DR, M/S SUPREMAX INTERNATIONAL PVT. LTD. ITA NO.1573/MUM/2013 4 ITAT, MUMBAI 6. 7' 8 / GUARD FILE. / BY ORDER, 04-$ $ //TRUE COPY// / (DY./ASSTT. REGISTRAR) , & / ITAT, MUMBAI,