EWART INVESTMENTS LTD, MUMBAI V. ACIT (OSD) 2(1), MUMBAI

ITA 2167/MUM/2010

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 3171 (ITAT-MUMBAI)
• Duration Of Justice: 5 year(s) 6 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-09-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Next Hearing Date: 18-11-2014
• Assessment Year: 2006-2007
• Appeal Filed On: 18-03-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R M MADHURI
• Assessee Lawyers: DINESH VYASH
• Keywords: Opportunity of being heard

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES F, MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ITA NO.2167/MUM/2010 ASSESSMENT YEAR: 2006-07 EWART INVESTMENTS LTD. EWART HOUSE, 3 RD FLOOR, HOMI MODY STREET, FORT, MUMBAI-400001 / VS. ACIT(OS),-2(1), ROOM NO.543, 5 TH FLOOR, AAYAKAR BHAVAN, M.K.ROAD, MUMBAI-400020 ( ! ' /ASSESSEE) ( # / REVENUE) PAN. NO. AAACE2546E ! ' / ASSESSEE BY SHRI DINESH VYASH # / REVENUE BY MS. R.M. MADHURI -DR $ #% & ' ' / DATE OF HEARING : 28/09/2015 & ' ' / DATE OF ORDER: 30/09/2015 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE ASSESSEE IS AGGRIEVED BY THE IMPUGNED ORDER DA TED 19/01/2010 OF THE LD. FIRST APPELLATE AUTHORITY, MU MBAI, ON THE GROUNDS AS STATED IN THE GROUNDS OF APPEAL. 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE , SHRI DINESH VYAS CONTENDED THAT THE ASSESSEE, PRIMA FACI E, IS EWAST INVESTMENT LTD. ITA NO.2167/MUM/2010 2 HAVING A GOOD CASE AND THE LD. ASSESSING OFFICER DI D NOT EXAMINE THE LETTER OF THE ASSESSEE DATED 28/11/2008 WHICH GOES TO THE ROOT OF THE MATTER. OUR ATTENTION WAS I NVITED TO PAGES 1 TO 3 OF THE PAPER BOOK CONTAINING THE SUBMI SSIONS OF THE ASSESSEE (LETTER DATED 28/11/2008) WHICH WAS CE RTIFIED TO BE FILED BEFORE THE ASSESSING OFFICER AND ALSO BEFO RE THE LD. COMMISSIONER OF INCOME TAX (APPEALS). THEREFORE, I T WAS PRAYED THAT THE MATTER MAY BE REMANDED BACK TO THE FILE OF THE ASSESSING OFFICER TO CONSIDER THE AFORESAID LET TER AND DECIDE ON MERIT. 2.1. ON THE OTHER HAND, LD. DR, MS.R. M. MADHURI, THOUGH DEFENDED THE CONCLUSION ARRIVED AT IN THE IM PUGNED ORDER BUT HAD NO OBJECTION, IF THE MATTER IS REMAND ED BACK TO THE FILE OF THE ASSESSING OFFICER. 2.2. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. WE FIND T HAT THE ASSESSEE FILED THE AFORESAID LETTER DATED 28/11/200 8 BEFORE THE ASSESSING OFFICER CLAIMING THAT VIDE LETTER DAT ED 19/11/2008, THE ASSESSEE SUBMITTED A STATEMENT OF T OTAL INCOME. HOWEVER, INADVERTENTLY AND ERRONEOUSLY, TH E ASSESSEE COMPANY MADE CERTAIN OMISSIONS IN THE COMPUTATION OF INCOME FROM BUSINESS, THE DETAILS OF WHICH ARE MENTIONED IN THE SAID LETTER. THUS, WITHOUT GO ING INTO THE MERITS OF THE CASE, WE REMAND THIS FILE TO THE FILE OF THE LD. ASSESSING OFFICER TO EXAMINE THE CLAIM OF THE ASSES SEE AFRESH ON MERIT IN ACCORDANCE WITH LAW. THE ASSESSEE BE GI VEN EWAST INVESTMENT LTD. ITA NO.2167/MUM/2010 3 OPPORTUNITY OF BEING HEARD, THUS, THIS APPEAL OF TH E ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES ONLY. FINALLY, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES ONLY. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 28/09/2015. (RAMIT KOCHAR) (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER $ % MUMBAI; ) DATED : 30/09/2015 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, ITAT, MUMBAI 6. 7 % / GUARD FILE. / BY ORDER, 04,' /' //TRUE COPY// / (DY./ASSTT. REGISTRAR) , $ % / ITAT, MUMBAI