METTACO ALLOYS PVT. LTD., MUMBAI V. ITO 7(2)(2), MUMBAI

ITA 3125/MUM/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 6958 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-02-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 11-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

ITA NO.3125/MUM/2018 METTACO ALLOYS PVT. LTD. ASSESSMENT YEAR :2010-11 1 IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI , , BEFORE HONBLE SHRI MAHAVIR SINGH, VP AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM ./ I.T.A. NO 3125/MUM/2018 ( / ASSESSMENT YEAR : 2010-11 ) METTACO ALLOYS PVT. LTD. EMBASSY CENTRE JAMNALAL ROAD, NARIMAN POINT MUMBAI 400021. / VS. I TO 7(2)(2) AAYKAR BHAWAN M.K. ROAD MUMBAI 400020. %& ./ ./PAN/GIR NO. AALCM-7370-F ( &( /APPELLANT ) : ( )*&( / RESPONDENT ) ASSESSEE BY : NONE REVENUE BY : MS. JOTHILAKSHMI NAYAK-LD. DR / DATE OF HEARING : 28/01/2020 / DATE OF PRONOUNCEMENT : 05/02/2020 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY ASSESSEE FOR ASSESSMENT YEAR [IN SHORT REFERRED TO AS AY] 2010-11 CONTEST THE ORDER OF L D. COMMISSIONER OF INCOME-TAX (APPEALS)-13, MUMBAI, [IN SHORT REFERRED TO AS CIT(A)], APPEAL NO. CIT(A)-13/ITO-7(2)(2)/268/2015-16 DATED 12/01/2017 ON CERTAIN GROUNDS OF APPEAL. 2. NONE APPEARED FOR ASSESSEE AT THE TIME OF HEARIN G. THE LD. DR DREW ATTENTION TO THE FACT THAT THE ASSESSEE FAILED TO MAKE ANY ITA NO.3125/MUM/2018 METTACO ALLOYS PVT. LTD. ASSESSMENT YEAR :2010-11 2 REPRESENTATION EITHER BEFORE LD. AO OR BEFORE LD. C IT(A) AND THEREFORE, THE APPEAL IS LIABLE TO BE DISMISSED. 3. FACTS ON RECORD WOULD REVEAL THAT THE ASSESSEE B EING RESIDENT CORPORATE ASSESSEE WAS SUBJECTED TO REASSESSMENT PR OCEEDINGS FOR YEAR UNDER CONSIDERATION VIDE ORDER DATED 26/12/201 3. THE ASSESSMENT WAS FRAMED ON BEST JUDGEMENT BASIS SINCE THE ASSESSEE FAILED TO MAKE ANY REPRESENTATION BEFORE LD. AO. CONSEQUENTLY, THE INCOME WAS DETERMINED AT RS.109.18 LACS. 4. ALTHOUGH THE ASSESSEE PREFERRED FURTHER APPEAL B EFORE LD. CIT(A) VIDE IMPUGNED ORDER DATED 12/01/2017, HOWEVER, IT A GAIN FAILED TO MAKE EFFECTIVE REPRESENTATION. CONSEQUENTLY, THE QUANTUM ASSESSMENT ORDER WAS CONFIRMED. AGGRIEVED THE ASSESSEE IS UNDER FURT HER APPEAL BEFORE US. THE LD. DR HAS DRAWN ATTENTION TO THE FACT THAT ADDRESS MENTIONED ON FORM 36 DIFFER FROM ADDRESS MENTIONED IN THE QUA NTUM ASSESSMENT ORDER AS WELL AS IMPUGNED ORDER AND THEREFORE, PRIMA-FACIE, THE ADDRESS OF THE ASSESSEE HAS CHANGED. 5. UPON DUE CONSIDERATION, WE FIND THAT THE ASSESSE E HAS REMAINED NEGLIGENT IN ATTENDING THE ASSESSMENT AS WELL AS AP PELLATE PROCEEDINGS. HOWEVER, KEEPING IN THE MIND THE PRINCIPLE OF NATUR AL JUSTICE, WE DEEM IT FIT TO RESTORE THE MATTER BACK TO THE FILE OF LD. C IT(A) TO PASS A SPEAKING ORDER AFTER PROVIDING ADEQUATE OPPORTUNITY OF HEARI NG TO THE ASSESSEE, FAILING WHICH LD. CIT(A) SHALL BE AT LIBERTY TO PRO CEED WITH THE MATTER ON THE BASIS OF MATERIAL ON RECORD. ITA NO.3125/MUM/2018 METTACO ALLOYS PVT. LTD. ASSESSMENT YEAR :2010-11 3 6. RESULTANTLY, THE APPEAL STANDS ALLOWED FOR STATI STICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 05 TH FEBRUARY, 2020. SD/- SD/- (MAHAVIR SINGH) (MA NOJ KUMAR AGGARWAL) / VICE PRESIDENT / ACCOUNTANT MEMBER MUMBAI; DATED : 05/02/2020 SR.PS. JAISY VARGHESE !'#' / COPY OF THE ORDER FORWARDED TO : 1. &( / THE APPELLANT 2. )*&( / THE RESPONDENT 3. 1 ( ) / THE CIT(A) 4. 1 / CIT CONCERNED 5. 23),4 , 4 , / DR, ITAT, MUMBAI 6. 3567 / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.