SHIVSHKTI TECHNOLOGY PVT LTD, MUMBAI V. DCIT, Circle 5(3)(1), Mumbai

ITA 2426/MUM/2023

• Counselvise Citation: [2023] 102 COUNSELVISE.COM (IT) 0421 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-10-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Next Hearing Date: 25-10-2023
• Assessment Year: 2015-2016
• Appeal Filed On: 09-07-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: FILLING
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI B R BASKARAN, AM & SHRI N. K. CHOUDHRY, JM I.T.A. No. 2426/Mum/2023 Assessment Year: 2015-16) Shivshakti Technology Pvt. Ltd. 16, Gandhi Bhavan, Gr. Floor, Chunam Lane, Lamington Road, Mumbai-400007. PAN No. AAFCS2773J Vs. Dy. Commissioner of Income Tax, Circle- 5(3)(1), Aayakar Bhavan, M.K. Road, Mumbai-400020 Appellant) : Respondent) Assessee /Appellant by : None Department /Respondent/ by : Shri Paresh Deshpande, Sr. DR Date of Hearing : 26.10.2023 Date of Pronouncement : 30.10.2023 O R D E R Per N. K. Choudhry, JM: The Assessee/Appellant herein has preferred this appeal against the order dated 14.06.2023 impugned herein passed by National Faceless Appeal Centre (NFAC), Delhi/ Ld. Commissioner of Income Tax (Appeals)-10, Mumbai {in short ‘Ld. Commissioner)’} under section 143(3) of the Income Tax Act 1961 (in short ‘the Act’). 2 I T A N o . 2 4 2 6/ M u m / 2 0 2 3 Shivshakti Technology Pvt. Ltd. 2. In the instant case, the assessment order dated 13.11.2017 was passed by the Assessing Officer (AO) under section 143(3) of the Act whereby disallowance of Rs. 1,14,65,185/- on account of unsecured loans has been made. 3. The Assessee being aggrieved challenged the said disallowance by filing first appeal before the Ld. Commissioner on 04.04.2018, which was taken into consideration by issuing various notices, however, the Assessee neither appeared before the Ld. Commissioner nor filed any written submission or adjournment letter, therefore, in the constrained circumstances, the Ld. Commissioner decided the appeal as ex-parte and dismissed the same against which the Assessee has preferred the instant appeal which is fixed for today for hearing. Though the Assessee by filling an un-signed application dated 25/10/2023 sought adjournment, however, we realize that impugned order is an ex-parte and not on merit and therefore, in the interest of justice and for the just decision of the case, it would be appropriate to remand the instant case to the file of the Ld. Commissioner for decision afresh, suffice to say by affording reasonable opportunity of being heard to the Assessee, thus ordered accordingly. The Assessee is also directed to appear, if necessitates and file the relevant document which would be needed by the Ld. Commissioner for proper adjudication of the case and in case of further default, the Assessee shall not be entitled for any leniency. 3 I T A N o . 2 4 2 6/ M u m / 2 0 2 3 Shivshakti Technology Pvt. Ltd. 4. In the result, appeal filed by the Assessee stands allowed for statistical purposes. Order pronounced in the open court on 30-10-2023. Sd/- Sd/- (B R BASKARAN) (N. K. CHOUDHRY) Accountant Member Judicial Member SK, Sr.PS. Copy of the Order forwarded to : 1. The Appellant 2. The Respondent 3. DR, ITAT, Mumbai 4. 5. Guard File CIT BY ORDER, (Dy./Asstt.Registrar) ITAT, Mumbai