OMSHANTI UNIVERSAL PRIVATE LIMITED, MUMBAI V. NATIONAL FACELESS APPEAL CENTRE(NFAC), MUMBAI

ITA 2336/MUM/2023

• Counselvise Citation: [2023] 102 COUNSELVISE.COM (IT) 0951 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-10-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 03-10-2023
• Assessment Year: 2013-2014
• Appeal Filed On: 29-06-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Opportunity of being heard
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “C”, MUMBAI BEFORE SHRI KULDIP SINGH, HON'BLE JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, HON'BLE ACCOUNTANT MEMBER ITA NO. 2336/MUM/2023 (A.Y. 2013-14) Omshanti Universal Private Limited 302, Raheja Xion Dr. B.A. Road, Byculla (E) Mumbai – 400027 Maharashtra PAN: AAACO9434H v. DCIT – Central Circle – 8(4) Aayakar Bhavan, Mumbai (Appellant) (Respondent) Assessee Represented by : None Department Represented by : Mr. H.M. Bhatt Date of Conclusion of Hearing : 04.10.2023 Date of Pronouncement : 06.10.2023 O R D E R PER S. RIFAUR RAHMAN (AM) 1. This appeal is filed by the assessee against order of the Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [hereinafter in short “Ld.CIT(A)”] dated 24.05.2023 for the A.Y.2013-14. ITA NO. 2336/MUM/2023 (A.Y. 2013-14) Omshanti Universal Private Limited Page No. 2 2. Assessee has raised following grounds in its appeal: - “1. On the facts and in the circumstances of the case, the Ld.CIT(A) erred in confirming the addition of ₹.16,00,00,0000/- to the total income of the Appellant, being undisclosed income admitted by Mr. Paras Porwal at the time of survey for the year under consideration. The Appellant prays that the addition of ₹.16,000,00,000/- to the total income of the appellant may please be deleted in view of the proviso under section 68 of the Act. 2. The Ld. CIT(A) erred in initiating penalty under section 271(1)(C) of the IT Act.” 3. At the outset, we observe that inspite of issue of notice none appeared on behalf of the assessee nor any adjournment was sought. Therefore, we proceed to dispose of this appeal with the assistance of Ld.DR and the material available on record. 4. Ld.DR brought to our notice relevant facts of the case and he relied on the order of the Ld.CIT(A) and accepted that assessee has not utilized the opportunity provided by Ld.CIT(A). Ld.DR also acknowledged it is an exparte order. 5. Considered the submissions of Ld. DR and material placed on record. On a perusal of the Ld.CIT(A) order, we find that even though the Ld.CIT(A) provided opportunity on several occasions, assessee could not appear nor complied to the notices issued. Considering the totality of facts and keeping in view the additions / disallowance made by the ITA NO. 2336/MUM/2023 (A.Y. 2013-14) Omshanti Universal Private Limited Page No. 3 Assessing Officer, we are of the opinion that assessee should be given one more opportunity of being heard. Thus, this appeal is restored to the file of the Ld.CIT(A) for denovo adjudication in accordance with law. Assessee shall cooperate with the proceedings before the Ld.CIT(A) without taking unnecessary adjournments. Needless to say that the Ld.CIT(A) shall give adequate opportunity of being heard to the assessee. Thus, this appeal is restored to the file of the Ld.CIT(A) accordingly. 6. In the result, appeal filed by the assessee is allowed for statistical purpose. Order pronounced in the open court on 06 th October, 2023. Sd/- Sd/- (KULDIP SINGH) (S. RIFAUR RAHMAN) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai / Dated 06.10.2023 Giridhar, Sr.PS Copy of the Order forwarded to: 1. The Appellant 2. The Respondent. 3. CIT 4. DR, ITAT, Mumbai 5. Guard file. //True Copy// BY ORDER (Asstt. Registrar) ITAT, Mum