RIGMA FINTRADE P. LTD, MUMBAI V. ITO WD 7(2)(1), MUMBAI

ITA 2713/MUM/2012

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 4183 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 11 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-04-2016
• Appeal Filed By: Assessee
• Bench Allotted: D
• Next Hearing Date: 27-08-2015
• Assessment Year: 2002-2003
• Appeal Filed On: 20-04-2012
• Court: TRIBUNAL
• Department Lawyers: B S BIST
• Keywords: Opportunity of being heard; Principle of natural justice

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER AND SHRI RAM LAL NEGI, JUDICIAL MEMBER I.T.A. NO. 2713 /M/2012 (ASSESSMENT YEAR: 2002 - 2 003 ) I.T.A. NO.4190/M/2012 (ASSESSMENT YEAR: 2003 - 2004 ) I.T.A. NO.4191/M/2012 (ASSESSMENT YEAR: 2003 - 2004 ) M/S. RIGMA FINTRADE PVT LTD., C/O. M/S. PRAMOD C. SHAH & CO., CHARTERED ACCOUNTANTS, 1201, REGENT CHAMBER, JAMNALAL MARG, 208, NARIMAN POINT, MUMBAI 0 4 00 021. / VS. INCOME TAX OFFICER, WARD - 7(2)(1), R.NO.670/ - AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400 020. ./ PAN : AAACR4922M ( / APPELLANT) .. ( / RESPONDENT ) / APPELLANT BY : SHRI HITESH SHAH / RESPONDENT BY : SHRI B.S. BIST, SR. DR / DATE OF HEARING : 30.03.2016 / DATE OF PRONOUNCEMENT : 06.04 .2016 / O R D E R PER D. KARUNAKARA RAO, AM: THERE ARE THREE APPEALS UNDER CONSIDERATION INVOLVING THE ASSESSMENT YEARS 2002 - 03 AND 2003 - 04. ALL THESE APPEALS ARE FILED BY THE ASSESSEE. SINCE, THE ISSUES RAISED IN THESE APPEALS ARE INTER - CONNECTED / IDENTICAL, THEREFORE, FOR THE SAKE OF CONVENIENCE, THEY ARE CLUB BED, HEARD TOGETHER AND DISPOSED OF IN THIS CONSOLIDATED ORDER. APPEAL WISE ADJUDICATION IS GIVEN IN THE FOLLOWING PARAGRAPHS OF THIS ORDER. 2. AT THE OUTSET, LD COUNSEL FOR THE ASSESSEE SUBMITTED THAT PROPER OPPORTUNITY WAS NOT GRANTED BY THE CIT (A) DUR ING THE FIRST APPELLATE PROCEEDINGS IN CONNECTION WITH APPEALS ITA NO.2713/M/2012 & ITA NO.4191/M/2012 FOR THE AYS 2002 - 03 AND 2003 - 04 RESPECTIVELY. THESE ARE THE APPEALS EMANATING FROM AN EX - PARTE ORDER, WHICH WERE HURRIEDLY DISPOSED OFF BY THE CIT (A). THEREFORE, LD COUNSEL FOR THE ASSESSEE PLEADED FOR REMANDING THESE TWO APPEALS TO THE FILE OF THE CIT (A) WITH A DIRECTION. 2 3. AFTER HEARING BOTH THE PARTIES AND ON PERUSAL OF THE ORDERS OF THE REVENUE AUTHORITIES AS WELL AS THE RELEVANT MATERIAL PLACED B EFORE US, WE FIND , THE PRAYER OF THE LD COUNSEL FOR THE ASSESSEE SHOULD BE ALLOWED. ACCORDINGLY , ALL THE GROUNDS RAISED IN THE SAID TWO APPEALS ARE REMANDED TO THE FILE OF THE CIT (A) WITH A DIRECTION TO ADJUDICAT E APPEALS AFRESH ON MERITS AFTER AFFORDING A REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE AS PER THE SET PRINCIPLES OF NATURAL JUSTICE . ASSESSEE IS ALSO DIRECTED NOT TO SEEK ANY ADJOURNMENTS BEFORE CIT (A) ON ANY FRIVOLOUS GROUNDS. ACCORDINGLY, THE GROUNDS RAISED IN THE TWO APPEALS ARE ALLOWED FOR STATISTICAL PURPOSES. 4. REGARDING THE APPEAL ITA NO. 4190/M/2012 (AY 2003 - 2004), RELATING TO PENALTY OF RS. 10,000/ - LEVIED U/S 271(1)(B), LD COUNSEL FOR THE ASSESSEE MENTIONED THAT THE SAME IS NOT PRESSED IN VIEW OF THE SMALLNESS . AFTER HEAR ING BOTH THE PARTIES, WE DISMISS THE APPEAL AS NOT PRESSED. 5 . IN THE RESULT, TWO APPEALS OF THE ASSESSEE FOR THE AYS 2002 - 03 AND 2003 - 04 ARE ALLOWED FOR STATI STICAL P URPOSES AND THE APPEAL ITA NO.4 1 90/M/2012 IS DISMISSED AS NOT PRESSED. ORDER P RONOUNCED IN THE OPEN COURT ON 6 TH APRIL , 2016. SD/ - SD/ - ( RAM LAL NEGI ) (D. KARUNAKARA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; 6.4 .2016 . . ./ OKK , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . //TRUE COPY// 3 / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI