APRICOT CAPITAL PRIVATE LIMITED, MUMBAI V. ITO 9(1)(3), MUMBAI

ITA 2288/MUM/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 8345 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-10-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 12-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAMATHA MULLAMUDI
• Assessee Lawyers: TANAY NUWAL
• Keywords: Unexplained cash credit; Principle of natural justice

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A , BENCH MUMBAI BEFORE SHRI MAHAVIR SINGH , JM & SHRI M.BALAGANESH, AM ITA NO. 2288 /MUM/201 8 ( ASSESSMENT YEAR : 2012 - 13 ) M/S. APRICOT CAPITAL PVT. LTD. ELDER HOUSE, C - 9 DALIA INDUSTRIAL ESTATE OFF. VEERA DESA I ROAD ANDHERI WEST MUMBAI 400 053 VS. ITO 9(1)(3), ROOM NO.206, 2 ND FLOOR AAYAKAR BHAVAN M.K.ROAD, MUMBAI 400 020 PAN/GIR NO. AAGCA9756Q (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY SHRI TANAY NUWAL REVENUE BY MS. SAMATHA MULLAMUDI DATE OF HEA RING 26 / 09 /2019 DATE OF PRONOUNCEMENT 04 / 10 /2019 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 2288/MUM/2018 FOR A.Y. 2012 - 13 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 16, MUMBAI IN APP EAL NO. CIT(A) - 16/IT - 342/ITO - 9(1)(3)/2015 - 16 DATED 17/01/2018 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 30/03/2015 BY THE LD. INCOME TAX OFFICER 9(1)(3), MUMB AI (HEREINAFTER REFERRED TO AS LD. AO). ITA NO.2288/MUM/2018 M/S. APRICOT CAPITAL P. LTD. 2 2. WE FIND THAT THE ASSESSEE HAS RAISED A PRELIMINARY GROUND ON VIOLATION OF PRINCIPLES OF NATURAL JUSTICE AS THE LD. CIT(A) HAD PASSED AN ORDER EX PARTE WHILE DISPOSING OFF THE APPEAL. 3. WE FIND THAT THE LD. CI T (A) HAD GRANTED SEVERAL OPPORTUNITIES TO THE ASSESSEE BUT DESPITE THAT NONE APPEARED ON BEHALF OF THE ASSESSEE BEFORE THE LD. CIT(A). ACCORDINGLY, THE LD. CIT(A) CONFIRMED THE ADDITION MADE BY THE LD. AO IN RESPECT OF UNEXPLAINED CASH CREDIT U/S.68 OF THE ACT IN THE SUM OF RS.2,88,31,317/ - . BEFORE US, THE LD. AR PRAYED FOR ONE LAST OPPORTUNITY FOR ADJUDICATION OF THE ISSUE BEFORE THE LD. CIT(A) ON MERITS. CONSIDERING THE TOTALITY OF FACTS AND CIRCUMSTANCES OF THE CASE, WE DEEM IT FIT AND APPROPRIATE , IN TH E INTEREST OF NATURAL JUSTICE AND FAIR PLAY , TO REMAND THIS APPEAL TO THE FILE OF THE LD. CIT(A) FOR DENOVO ADJUDICATION ON MERITS IN ACCORDANCE WITH LAW. THE ASSESSEE IS ALSO DIRECTED NOT TO TAKE ANY ADJOURNMENT BEFORE THE LD. CIT(A) EXCEPT DUE TO EXCEPTI ONAL OR BONAFIDE CIRCUMSTANCES. ACCORDINGLY, THE GROUNDS RAISED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES . ORDER PRONOUNCED IN THE OPEN COURT ON THIS 04 / 10 /201 9 SD/ - ( MAHAVIR SINGH ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 04 / 10 / 2019 KARUNA , SR.PS ITA NO.2288/MUM/2018 M/S. APRICOT CAPITAL P. LTD. 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//