NEWORDER EXPORTS PVT LTD., MUMBAI V. ITO, WARD-5(2)(1), MUMBAI

ITA 1821/MUM/2023

AI Insights

The case involves M/s. Neworder Exports Private Limited appealing against the order of the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre (NFAC), which was passed under section 250 of the Income Tax Act, 1961 for the Assessment Year 2012-13. The primary issues in the appeal were additions made by the Assessing Officer regarding gross profit and unexplained cash credit. The Assessing Officer had made these additions in the assessment order dated 10/12/2019 under sections 143(3) read with section 147 of the Act. The Commissioner, despite issuing notices to the assessee, did not receive any response, leading to a decision in limine without merit consideration. The Tribunal, considering the circumstances, decided to remand the case for a fresh decision, emphasizing the need for a fair hearing.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 302559 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-08-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 30-08-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 21-05-2023
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Unexplained cash credit

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, ‘SMC‘ BENCH MUMBAI BEFORE: SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER ITA No.1821/Mum/2023 (Assessment Year :2012-13) M/s. Neworder Exports Private Limited Room No.16, 2 nd Floor 28/30, Krupal Hemraj Building, H.G. Road Gamdevi, Mumbai- 400 007 Vs. Income Tax Officer, Ward 5(2)(1) Room No.567, 5 th Floor Aayakar Bhavan Mumbai- 400 020 PAN/GIR No.AACCN6418L (Appellant) .. (Respondent) Assessee by None Revenue by Shri Anurag Tripathi Date of Hearing 31/08/2023 Date of Pronouncement 31/08/2023 आदेश / O R D E R PER NARENDER KUMAR CHOUDHRY This appeal has been preferred by the assessee against the order dated 21/03/2023 impugned herein passed by the Ld. Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre (NFAC) (in short ‘Ld. Commissioner’) u/s.250 of the Income Tax Act, 1961 (in short ‘the Act’) for A.Y.2012-13. ITA No.1821/Mum/2023 M/s. Neworder Exports Pvt. Ltd. 2 2. At the outset, it is observed that the notices sent to the Assessee have been returned back by the Postal Department with the remarks ‘Left/Building demolished, which goes to show that assessee is not situated at the address mentioned in Form No.36, hence I am constrained to decide this appeal as ex-parte. 3. The Assessing Officer vide Assessment Order dated 10/12/2019 u/s.143(3) r.w.s. 147 of the Act, made the additions of Rs.39,39,900/- on account of gross profit and Rs.51,654/- as unexplained cash credit, against which the Assessee preferred first appeal before the ld. Commissioner, who though issued three notices to the Assessee at the e-mail address provided by the Assessee in Form No.35, however the Assessee failed to furnish any reply in support of his case by uploading on ITBA or otherwise, therefore, in the constrained circumstances, the ld. Commissioner decided the appeal in limine but without dwelling into the merits of the case. Hence, considering the peculiar facts and circumstances, for just and proper decision of the case and for the ends of justice, I am inclined to remand the instant case to the file of the ld. Commissioner for decision afresh, suffice to say by affording reasonable opportunity being heard to the Assessee, hence the case is remanded accordingly. ITA No.1821/Mum/2023 M/s. Neworder Exports Pvt. Ltd. 3 4. In the result, appeal filed by the assessee stands allowed for statistical purposes. Order pronounced on 31 August, 2023. Sd/- (N K Choudhry) Judicial Member Mumbai KARUNA, sr.ps Copy of the Order forwarded to : BY ORDER, (Asstt. Registrar) ITAT, Mumbai 1. The Appellant 2. The Respondent. 3. CIT 4. DR, ITAT, Mumbai 5. Guard file. //True Copy//