MR. PRAKASH J. JAJU, MUMBAI V. ITO - 11(1)(3), MUMBAI

ITA 1904/MUM/2020

• Counselvise Citation: [2022] 107 COUNSELVISE.COM (IT) 0655 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-07-2022
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: SMC
• Assessment Year: 2004-2005
• Appeal Filed On: 09-11-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Principle of natural justice
• Section: 68; 144; 142(1)

Judgement Text

म ु ंबई ठ “एस एम स ” , म ु ंबई स , स सम! IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “SMC”, MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER सं. 1904/म ु ं/2020 ( %. 2004-05) ITA NO.1904/MUM/2020(A.Y 2004-05) MR.PRAKASH J. JAJU, B-706, Tranquility, Shastri Nagar, Lokhandwala, Andheri (West), Mumbai 400 053 PAN: AADPJ-0253-H ...... ' /Appellant ब% म Vs. Income Tax Officer -11(1)(3), Room No.438, 4 th Floor, Aaykar Bhavan, M.K.Road, Mumbai 400 020. ..... ( ) /Respondent ' * / Appellant by : None ( ) * /Respondent by : Shri Vachashpati Tripathi स ु % ई + ) / Date of hearing : 04/07/2022 ,-. + ) / Date of pronouncement : 04/07/2022 श/ ORDER This appeal by the assessee is directed against the order of Commissioner of Income Tax(Appeals)- XI, Mumbai [in short 'the CIT(A)’] dated 30/05/2008 for the assessment year 2004-05. 2. The brief facts of the case as emanating from records are : The assessee is engaged in providing Management Services. The case of the assessee was selected for scrutiny. The Assessing Officer issued notice to the assessee u/s. 143(2) r.w.s. 142(1) of the Income Tax Act, 1961 [in short ‘ the Act’] . The same was purportedly served on the assessee. As per the case of Assessing Officer 2 ITA NO.1904/MUM/2020(A.Y 2004-05) despite service of notice the assessee did not comply with the notices, hence, the Assessing Officer proceeded to complete the assessment u/s. 144 of the Act. The Assessing Officer made addition of Rs.25.00 lacs u/s. 68 of the Act and further disallowed certain expenditure on adhoc basis. The assessee carried the issue in appeal before the CIT(A). Even before the CIT(A) the assessee could not furnish supporting documents to substantiate its contentions. Hence, the assessee is in appeal before the Tribunal. 3. The assessee in grounds of appeal has assailed the addition on merits as well as raising legal grounds on violation of principles of natural justice. After having given thoughtful consideration to the submissions made by ld. Departmental Representative and the orders of authorities below, I deem it appropriate to restore the issues raised on merits of the addition in appeal back to the file of Assessing Officer for denovo adjudication. The assessee is directed to furnish all the relevant documents before the Assessing Officer. The Assessing Officer after considering documents furnished by assessee shall decide the issues afresh after affording reasonable opportunity to the assessee to make submissions, in accordance with law. 4. In the result, impugned order is set-aside and the appeal by assessee is allowed for statistical purpose. Order pronounced in the open Court on Monday the 4 th day of July, 2022. Sd/- (VIKAS AWASTHY) स /JUDICIAL MEMBER म ु ंबई/ Mumbai, 0 % ं /Dated 04/07/2022 Vm, Sr. PS (O/S) 3 ITA NO.1904/MUM/2020(A.Y 2004-05) त ल प अ े षतCopy of the Order forwarded to : 1. '/The Appellant , 2. ( ) / The Respondent. 3. ु 1)( )/ The CIT(A)- 4. ु 1) CIT 5. 2 3 ( ) % , . . ., म ु बंई/DR, ITAT, Mumbai 6. 3 45 6 7 /Guard file. BY ORDER, //True Copy// (Dy./Asstt. Registrar) ITAT, Mumbai