S. RAMASWAMY, MUMBAI V. ASST CIT CEN CIR 7, MUMBAI

ITA 3841/MUM/2016

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 7252 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 11 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-05-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: misc
• Appeal Filed On: 03-06-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAURABH DESH
• Keywords: Opportunity of being heard
• Section: 90; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL H BENCH, MUMBAI BEFORE S/ SHRI B.R.BASKARAN (AM) & AMARJIT SINGH (JM) I.T.A. NO. 3841 /MUM /20 1 6 (ASSESSMENT YEAR 1989 - 9 0 ) SHRI S. RAMASWAMY PROP. OF M/S. EXCEL & CO. SHREEJI KRUPA, 4 TH FLOOR NO. 9 K.M.KAVERI MARG K UMBHAR TUKDA MUMBAI - 400 004. VS. ACIT CC - 7 MUMBAI ( APPELLANT ) ( RESPONDENT ) I.T.A. NO. 3846/MUM/2016 (ASSESSMENT YEAR 1989 - 90) DCIT CC - 4(4) CEN. RANGE 4 MUMBAI VS. SHRI S. RAMASWAMY PROP. OF M/S. EXCEL & CO. SHREEJI KRUPA, 4 TH FLOOR NO. 9 K.M.K AVERI MARG KUMBHAR TUKDA MUMBAI - 400 004. ( APPELLANT ) ( RESPONDENT ) PAN : ACYPS8259D ASSESSEE BY SHRI BHARATKUMAR DEPARTMENT BY SHRI SAURABH DESHPANDE DATE OF HEARING 3 . 5 . 201 8 DATE OF PRONOUNCEMENT 3 . 5 . 201 8 O R D E R PER B.R. BASKARAN (A M) : - THESE CROSS APPEALS ARE DIRECTED AGAINST THE ORDER DATED 31.3.2016 PASSED BY THE LEARNED CIT(A) - 52, MUMBAI AND THEY RELATE TO A.Y. 1989 - 90. 2. LEARNED AR SUBMITTED THAT THE ASSESSEE WAS A MEMBER OF MADRAS STOCK EXCHANGE AND PROPRIETOR OF M/S. EXCEL & COMPANY. HE SUBMITTED THAT THE ASSESSEE WAS DECLARED AS NOTIFIED ENTITY AFTER HARSHAD MEHATA SECURITY SCAM OF 1992. HE SUBMITTED THAT THE ASSESSEE WAS SUBJECTED TO SEARCH OPERATIONS AND CONSEQUENT THERETO, THE ASSESSMENT WAS COMPLETED FOR THE YEAR UNDER CONSIDERATION MAKING HUGE ADDITIONS. HE SUBMITTED THAT THE APPEAL S 2 PERTAINING TO EARLIER YEARS CAME BEFORE THE COORDINATE BENCHES OF THE TRIBUNAL AND THE TRIBUNAL HAS RESTORED ALL THESE ISSUES TO THE FILE OF THE AS SESSING OFFICER FOR EXAMINING THEM AFRESH. IN SUPPORT OF TH E S AME , THE ASSESSEE PRODUCED COPIES OF THE FOLLOWING ORDERS: (A) ITA NO. 3482/MUM/2014 DATED 22.2.2017 FOR AY. 1994 - 95 (B) ITA NOS. 3372 TO 3377/MUM/2014 DATED 9.6.2017 FOR A.YS. 1995 - 96 TO 2000 - 01 & 2003 - 04. (C) ITA NOS. 3378 & 3380/MUM/2014 DATED 27.9.2017 RELATING TO A.Y. 2004 - 5 & 2009 - 10. ACCORDINGLY, THE LEARNED AR PRAYED THAT THE ISSUES CONTESTED IN THE PRESENT APPEALS MAY ALSO BE RESTORED TO THE FILE OF THE ASSESSING OFFICER. THE LEARNED DR DID NOT OBJECT TO THE PLEA PUT FORTH BY LEA RNED AR. 3. HAVING REGARD TO THE RIVAL SUBMISSIONS AND CONSISTENT WITH THE VIEW TAKEN BY THE COORDINATE BENCHES IN ASSESSEES OWN CASE IN OTHER YEARS IN THE APPEALS REFERRED SUPRA , WE SET ASIDE ORDER PASSED BY THE LEARNED CIT(A) FOR THE YEAR UNDER CONS IDERATION AND RESTORE ALL THE ISSUES TO THE FILE OF THE ASSESSING OFFICER FOR EXAMINING THEM AFRESH , AFTER AFFORDING ADEQUATE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE . 4 . IN THE RESULT, THE CROSS APPEALS ARE TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER HAS BE E N PRONOUNCED IN THE COURT ON 3 . 5 .201 8 . SD/ - SD/ - (AMARJIT SINGH ) ( B.R. BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 3 / 5 / 20 1 8 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 3 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( SENIOR PRIVATE SECRETARY ) PS ITAT, MUMBAI