FAIRDEAL INTERNATIONAL P. LTD ( NOW KNOWN AS FAIRDEAL MONEY SPIDER P. LTD), MUMBAI V. ITO WD 9(1)4, MUMBAI

ITA 2592/MUM/2011

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 48474 (ITAT-MUMBAI)
• Duration Of Justice: 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-05-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2007-2008
• Appeal Filed On: 05-04-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A P SINGH
• Assessee Lawyers: ARUN SATHE MS ARTI SATHE
• Keywords: Opportunity of being heard
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES F, MUMBAI BEFORE SHRI R.V. EASWAR, HONBLE PRESIDENT AND SHRI R.K. PANDA, A.M. ITA NO.2592/MUM/2011 ASSESSMENT YEAR : 2007-08 M/S. FAIRDEAL INTERNATIONAL PVT. LTD. (NOW KNOWN AS FAIRDEAL MONEY SPIDER PVT. LTD.) 7, KOSHI KUNJ, WATERFIELD ROAD, BANDRA (W), MUMBAI-400 050 PAN NO. : AAACF4008N VS. INCOME TAX OFFICER, WARD 9(1)-4, MUMBAI (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI ARUN SATHE MS. ARTI SATHE RESPONDENT BY : SHRI A.P. SINGH O R D E R PER R.K. PANDA, A.M. THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 10.01.2011 PASSED BY THE CIT(A)-19, MUMBAI RELATING TO ASSESSMENT YEAR 2007-08. 2. THE ASSESSEE IN ITS VARIOUS GROUNDS HAS CHALLENG ED THE ORDER OF THE LD. CIT(A), DISMISSING THE APPEAL FILED BY THE ASSESSEE FOR NONE APPEARANCE. 3. FACTS OF THE CASE, IN BRIEF, ARE THAT THE ASSES SEE, WHICH IS ENGAGED IN THE BUSINESS OF DISTRIBUTION/EXPORTS OF INDIAN MOTI ON PICTURES, FILED ITS RETURN OF INCOME DECLARING TOTAL LOSS OF `. 6,31,659/-. THE AO COMPLETED THE ASSESSMENT U/S. 143(3) AT A TOTAL INCOME OF `. 3,06,78,609/-, AFTER MAKING VARIOUS ADDITIONS. THE ASSESSEE PREFERRED AN APPEAL BEFORE THE LD. CIT(A) 2 WHICH WAS TAKEN UP FOR HEARING ON 19.10.2010. THE A SSESSEE SOUGHT ADJOURNMENT ON THE GROUND THAT THE ACCOUNTANT IS O N LEAVE AND EXPECTED IN NEXT WEEK. ACCORDINGLY, THE CASE WAS REPOSTED TO 2 9.11.2010. IN RESPONSE TO THE ABOVE NOTICE, THE ASSESSEE FILED LETTER DATED 2 9.11.2010 SEEKING ADJOURNMENT ON THE GROUND THAT THE C.A. WHO REPRESE NTS THE CASE IS OUT OF TOWN AND HE IS EXPECTED DURING NEXT WEEK. ACCORDING LY, THE ADJOURNMENT WAS GRANTED AND THE CASE WAS REPOSTED TO 10.01.2011. SI NCE, NO ONE ATTENDED ON THE SAID DATE, THE LD. CIT(A) PRESUMED THAT THE ASS ESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL AND THE ADJOURNMENT APPLICAT IONS HAVE BEEN FILED IN A CAUSAL MANNER. HE, THEREFORE, DISMISSED THE APPEAL FILED BY THE ASSESSEE. 4. AGGRIEVED WITH SUCH ORDER OF THE LD. CIT(A), THE ASSESSEE IS IN APPEAL BEFORE US. 5. THE LD. COUNSEL FOR THE ASSESSEE REFERRING TO TH E AFFIDAVIT FILED BY THE ACCOUNTANT OF THE ASSESSEE COMPANY SUBMITTED THAT T HE FRESH NOTICE ISSUED BY THE LD. CIT(A) ADJOURNING THE DATE OF HEARING TO 10 .01.2011 WAS MISPLACED AT THE ASSESSEES OFFICE, DUE TO WHICH THE ASSESSEE CO ULD NOT INFORM THE AUTHORIZED REPRESENTATIVE ABOUT THE DATE OF HEARING AND, THEREFORE, NOBODY ATTENDED ON 10.01.2011. HE SUBMITTED THAT IN THE IN TEREST OF JUSTICE THE MATTER SHOULD BE RESTORED TO THE FILE OF A.O., SINC E THE LD. CIT(A) HAS NOT PASSED THE ORDER ON MERIT, AND HE MAY HAVE TO CALL FOR A REMAND REPORT FROM A.O. FOR DECIDING THE ISSUE IN VIEW OF THE VOLUMINO US DETAILS TO BE FILED BEFORE THE LD. CIT(A). 6. THE LD. DR ON THE OTHER HAND, SUBMITTED THAT THE MATTER SHOULD BE RESTORED TO THE FILE OF LD. CIT(A) ONLY, AND NOT TO THE A.O. 7. AFTER HEARING BOTH THE SIDES, WE FIND THE A.O. H AS PASSED A SPEAKING ORDER ON THE BASIS OF VARIOUS DETAILS FURNISHED BY THE ASSESSEE. THE ASSESSEE PREFERRED AN APPEAL BEFORE THE LD. CIT(A) AND FOR N ON-APPEARANCE ON THE DATE OF HEARING, THE LD. CIT(A) PASSED THE EX-PARTE ORDE R. WE, THEREFORE, IN THE INTEREST OF JUSTICE, DEEM IT PROPER TO RESTORE THE MATTER BACK TO THE FILE OF LD. CIT(A) TO DECIDE THE ISSUE ON MERIT AND IN ACCORDAN CE WITH LAW, AFTER GIVING DUE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. WE HOLD AND DIRECT 3 ACCORDINGLY. THE GROUNDS RAISED BY THE ASSESSEE ARE ACCORDINGLY ALLOWED FOR STATISTICAL PURPOSE. 8. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING ITSELF I.E. ON 02.05.2011. SD/ - (R.V. EASVAR) HON'BLE PRESIDENT SD/- (R.K. PANDA) ACCOUNTANT MEMBER MUMBAI, DATED : 02/05/2011 COPY FORWARDED TO : 1. THE APPELLANT, 2. THE RESPONDENT, 3. THE C.I.T. 4. CIT (A) 5. THE DR, F - BENCH, ITAT, MUMBAI //TRUE COPY// BY ORDER ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI ROSHANI