GLB FINVEST P.LTD, MUMBAI V. ACIT CC 20, MUMBAI

ITA 3181/MUM/2016

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 0609 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 1 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-06-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Next Hearing Date: 22-05-2017
• Assessment Year: 2004-2005
• Appeal Filed On: 05-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: POOJA SWAROOP
• Assessee Lawyers: SOBIT JAIN
• Keywords: Opportunity of being heard

Judgement Text

, F , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES F, MUMBAI BEFORE SHRI SHAMIM YAHYA, AM & SHRI SANDEEP GOSAIN, JM ITA NO.3181/MUM/2016 : ASST.YEAR 2004-2005 M/S. GLB FINVEST PRIVATE LIMITED (FORMERLY KNOWN AS SWEET MARKETING (I) PVT. LTD., 504 NAIN KRIPA 118/122, KAZI SAYED STREET MUMBAI . PAN : AAACS6731R. / VS. THE ASST.COMMISSIONER OF INCOME - TAX CENTRAL CIRCLE 20 MUMBAI. ( / APPELLANT) ( / RESPONDENT) /APPELLANT BY : SHRI SOBIT JAIN /RESPONDENT BY : MS.POOJA SWAROOP / DATE OF HEARING : 22.05.2017 / DATE OF PRONOUNCEMENT : 05.06.2017 / O R D E R THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST ORDER OF LEARNED CIT(A) DATED 29.02.2016 AND PERTAINS TO ASSESSMENT YEAR 2004-2005. 2. IN THIS CASE THE LEARNED CIT(A) HAS DISMISSED THE APPEAL FOR NON- PROSECUTION. ASSESSEE HAS FILED A PETITION FOR ADJOURNMENT BEFORE US AS THE QUANTUM APPEAL IS PENDING FOR ADJUDICATION. HOWEVER, SINCE THE LEARNED CIT(A) HAS NOT PASSED ANY ORDER ON MERITS, WE HAVE REJECTED THE SAID PETITION BY THE ASSESSEE. 3. UPON CAREFUL CONSIDERATION, WE FIND THAT LEARNED CIT(A) IN THIS CASE SHOULD HAVE PASSED AN ORDER ON THE MERITS OF THE CASE AND SHOULD NOT HAVE DISMISSED THE APPEAL FOR NON-PROSECUTION. FOR THIS PROPOSITION, WE RELY UPON FOLLOWING CASE LAWS:- ITA NO.3181/MUM/2016. M/S.GLB FINVEST PVT. LTD. 2 (I) CIT V. T.A.LUTHARA HUF 240 TAXMAN 133 (BOMBAY) (II) CIT V. S.CHENNIAPPA MUDALIAR [(1969) 74 ITR 41 (SC)] 4. IN VIEW OF THE AFORESAID PRECEDENTS, IN OUR CONSIDERED OPINION THE ISSUE RAISED IN THE APPEAL NEEDS TO BE REMITTED TO THE FILE OF LEARNED CIT(A). THE LEARNED CIT(A) SHALL CONSIDER THE ISSUE AFRESH AFTER GIVING THE ASSESSEE AN OPPORTUNITY OF BEING HEARD AND ACCORDINGLY PASS AN ORDER ON THE MERITS OF THE CASE. 5. IN THE RESULT, THIS APPEAL FILED BY THE ASSESSEE STANDS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON THIS 5 TH DAY OF JUNE, 2017. SD/- SD/- ( SANDEEP GOSAIN ) ( SHAMIM YAHYA ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED : 5 TH JUNE, 2017. DEVDAS* / COPY OF THE ORDER FORWARDED TO : / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT, MUMBAI. 4. / CIT(A)-51, MUMBAI 5. , , / DR, ITAT, MUMBAI 6. [ / GUARD FILE.