TAURAS VIDEO SERVICES P.LTD, MUMBAI V. ACIT 11(1), MUMBAI

ITA 4035/MUM/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 8827 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 7 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-01-2017
• Appeal Filed By: Assessee
• Bench Allotted: E
• Next Hearing Date: 16-01-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 02-06-2014
• Court: TRIBUNAL
• Department Lawyers: B S BIST

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI B.R. BASKARAN (AM) & SHRI PAWAN SINGH (JM) I.T.A. NO. 4035 /MUM/20 14 (ASSESSMENT YEAR 20 09 - 10 ) M/S. TAURUS VIDEO SERVICES PRIVATE LIMITED MOHANLAL JAIN & CO., CAS 10, CHARTERED HOUSE GROU ND FLOOR DR. C.H. STREET MARINE LINES MUMBAI - 400 002. VS. ACIT 11(1) 4 TH FLOOR AAYAKAR BHAVAN M.K. ROAD MUMBAI - 400 020. ( APPELLANT ) ( RESPONDENT ) PAN NO . AAACT0159Q ASSESSEE BY NONE DEPARTMENT BY S HRI B.S. BIST DATE OF HEARING 16 .1 . 201 7 DATE OF PRONOUNCEMENT 16 . 1 . 201 7 O R D E R PER B.R. BASKARAN (AM) : - THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 27.3.2014 PASSED BY THE LEARNED CIT(A) - 3, MUMBAI AND IT RELATES TO A.Y. 2009 - 10. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE EVEN THOUGH NOTICE OF HEARING WAS SENT BY REGISTERED POST ON EARLIER OCCASION. 3. WE HEARD LEARNED DEPARTMENTAL REPRESENTATIVE AND PERUSED THE RECORD. WE NOTICED THAT THE LEARNED CIT(A) HAS DISMISSED THE APPEAL IN LIMINE ON THE REASONING THA T THE ASSESSEE DID NOT PAY TAX DUE ON THE RETURNED INCOME. HOWEVER, FROM PERUSAL OF THE GROUNDS OF APPEAL URGED BEFORE THE LEARNED CIT(A), WE NOTICED THAT THE ASSESSEE HAS CLAIMED TO HAVE DECLARED A PROFIT OF ` 1,70,608/ - IN THE PROFIT AND LOSS ACCOUNT AND THE SAME WAS DECLARED AS TOTAL INCOME ALSO . IT IS FURTHER CLAIMED THAT , AT THE TIME OF FILING THE RETURN OF M/S. TAURUS VIDEO SERVICES PRIVATE LIMITED 2 INCOME ELECTRONICALLY , THE TOTAL INCOME WAS WRONGLY ENTERED AS ` 1,00,73,594/ - . WE NOTICED THAT THE ASSESSING OFFICER HAS COMPUTED THE TOTAL INCOM E BY TAKING PROFIT OF THE ASSESSEE AS ` 1,00,73,594/ - . WE NOTICED THAT THE MAIN GRIEVANCE OF THE ASSESSEE IS THAT TOTAL INCOME WAS WRONGLY FILLED UP WHILE FILING THE RETURN OF INCOME ELECTRONICALLY. ACCORDINGLY IT WAS CLAIMED THAT THERE IS NO DEFAULT IN PAYING TAX ON THE INCOME DECLARED IN THE TOTAL INCOME, IF THE ABOVE SAID MISTAKE IS CORRECTED. WE NOTICE THAT THIS CLAIM OF THE ASSESSEE HAS NOT BEEN EXAMINED BY BOTH THE TAX AUTHORITIES. IF THE SAME IS FOUND TO BE CORRECT, THEN THE REASONING GIVEN BY TH E LD CIT(A) TO DISMISS THE APPEAL OF THE ASSESSEE WOULD FAIL. 4. SINCE THE GRIEVANCE OF THE ASSESSEE REQUIRES VERIFICATION OF FACTUAL ASPECTS, WE ARE OF THE VIEW THAT THE SAME REQUIRES FRESH EXAMINATION AT THE END OF THE ASSESSING OFFICER. ACCORDING LY, WE SET ASIDE THE ORDER PASSED BY THE LEARNED CIT(A) AND RESTORE THE ISSUE S TO THE FILE OF THE ASSESSING OFFICER WITH THE DIRECTION TO EXAMINE THEM AFRESH AFTER PROVID ING ADEQUATE OPPORTUNITY TO THE ASSESSEE AND DECIDE THE M IN ACCORDANCE WITH LAW. 5. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER HAS BE EN PRONOUNCED IN THE COURT ON 16 . 1 .201 7. SD/ - SD/ - (PAWAN SINGH ) (B.R.BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 16 / 1 / 20 1 7 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT M/S. TAURUS VIDEO SERVICES PRIVATE LIMITED 3 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( DY./A SSTT. REGISTRAR) PS ITAT, MUMBAI