BEHRAM JIMMY KARBHARI, MUMBAI V. CIT (A)-46, MUMBAI

ITA 2887/MUM/2022

AI Insights

This case involves an appeal by Shri Behram Jimmy Karbhari against the order of the Commissioner of Income Tax (Appeals)-National Faceless Appeal Centre (NFAC), which confirmed an assessment order passed by the Income Tax Officer under sections 144 and 143(3) of the Income Tax Act, 1961. The appeal raised several grounds including the lack of opportunity given to the assessee, the denial of an adjournment request, disallowance of a deduction under section 80C, and an adhoc addition related to alleged share transactions. The Tribunal found that the CIT(A) had passed the order ex parte without adequate opportunity for the assessee to respond, leading to the decision to remand the case back to the CIT(A) for a fresh examination.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 302289 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-01-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 01-01-2023
• Assessment Year: 2014-2015
• Appeal Filed On: 13-11-2022
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 80C; 143(3); 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, ‘B‘ BENCH MUMBAI BEFORE: SHRI M.BALAGANESH, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA No.2887/Mum/2022 (Asse ssment Year :2014-15) Shri Behram Jimmy Karbhari Flat No.C-3604, Ashford Royale, S. Samual Marg Nahur, Mumbai- 400 078 Vs. CIT(A)-National Faceless Appeal Centre (NFAC) Mumbai PAN/GIR No. (Appellant) .. (Respondent) Assessee by Ms. Zeal Savla Revenue by Shri Chetan M Kacha Date of Hearing 02/01/2023 Date of Pronouncement 02/01/2023 आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in ITA No. 2887/Mum/2022 for A.Y.2014-15 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-National Faceless Appeal Centre (NFAC) in appeal No.CIT(A)-46, Mumbai/10836/2016-17 dated 16/09/2022 (ld. CIT(A) in short) against the order of assessment passed u/s.144 r.w.s. 143(3) of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 30/12/2016 by the ld. Income Tax Officer- 35(1)(2), Mumbai (hereinafter referred to as ld. AO). 2. The assessee has raised the following grounds of appeal: 1.On the facts and circumstances of the case and in law, the learned CIT (A) erred in confirming the order u/s 250 without giving opportunity. ITA No.2887/Mum/2022 M/s. Behram Jimmy Karbhari 2 2. On the facts and circumstances of the case and in law, the learned CIT (A) erred by not granting the request for adjournment filed on 08.09.2022 3. On the facts and circumstances of the case and in law, the learned CIT (A) erred in disallowing deduction u/s 80C amounting to Rs. 1,00,000/-. 4 On the facts and circumstances of the case and in law, the learned CIT (A) erred in making adhoc addition of Rs. 74,45,493/- being 1% of alleged share transactions of Rs. 74,45,49,384/-, whereas in fact and on the basis of evidence with the AO, the appellant has incurred a loss. 5. The Appellant craves leave to add, amend, alter or delete any or all the above grounds of appeal. 3. The assessee representative was present at the time of hearing and sought for an adjournment. But we find that the order of the ld. CIT(A) has been passed exparte on the ground that there was no response from the side of the assessee. But Ground No.2 raised by the assessee states that assessee had filed an adjournment request before the ld. CIT(A) on 08/09/2022. Either way this is only an exparte order passed by the ld. CIT(A) without providing sufficient opportunity to the assessee. Hence, in the interest of justice and fair play, we deem it fit and appropriate to restore this appeal to the file of the ld. CIT(A) for denovo adjudication on merits in accordance with law. 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 open Court on 02/01/2023. Sd/- (PAVAN KUMAR GADALE) Sd/- (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 02/01/2023 KARUNA, sr.ps ITA No.2887/Mum/2022 M/s. Behram Jimmy Karbhari 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//