NEELKAMAL CENTRAL APARTMENT LLP ( FORMELRY KNOWN AS NEELKAMALCENTRAL APARTMENT P. LTD), MUMBAI V. ITO WD 5(2)(1), MUMBAI

ITA 4148/MUM/2012

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 92861 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-07-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 22-06-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 13-06-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR YOGESH KAMATDR
• Assessee Lawyers: C M SHAH
• Keywords: Depreciation; Opportunity of being heard
• Section: 14A

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B, MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI RAJENDRA, ACCOUNTANT MEMBER ITA NO.4148/MUM/2012 ASSESSMENT YEAR: 2009-10 M/S NEELKAMAL CENTRAL APARTMENT LIP (FORMERLY KNOWN AS NELKAMAL CENTRAL PVT. LTD.) DB HOUSE, GEN. A.K.VAIDYA MARG, GOREGAON (E) MUMBAI-400063 / VS. INCOME TAX OFFICER, WARD-5(2)(1), AAYAKAR BHAVAN, MUMBAI-400020 ( ! ' /ASSESSEE) ( # / REVENUE) P.A. NO. AACCN1915C ! ' / ASSESSEE BY SHRI C.M. SHAH # / REVENUE BY DR. YOGESH KAMAT-DR $ #% & ' ' / DATE OF HEARING : 22/06/2015 & ' ' / DATE OF ORDER: 01/07/2015 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE ASSESSEE IS AGGRIEVED BY THE IMPUGNED ORDER DA TED 13/04/2012 OF THE LD. FIRST APPELLATE AUTHORITY, MU MBAI, ON THE GROUND, THAT THE LD. COMMISSIONER OF INCOME TAX M/S NEELKAMAL CENTRAL APARTMENT LIP ITA NO.4148/MUM/2012 2 (APPEALS) HAS NOT DEALT WITH GROUND NO.2 WHILE DISP OSING OF THE APPEAL OF THE ASSESSEE. 2. DURING HEARING OF THIS APPEAL, SHRI C.M. SHAH, LD. COUNSEL FOR THE ASSESSEE, CONTENDED THAT THOUGH GRO UND WAS RAISED BEFORE THE LD. COMMISSIONER OF INCOME TA X (APPEALS) BUT THE SAME HAS NOT BEEN DISPOSED OFF. ON THE OTHER HAND, DR. YOGESH KAMAT, LD. DR, DID NOT CONTR OVERT THE ASSERTION MADE BY THE LD. COUNSEL FOR THE ASSES SEE. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IN VIEW O F THE ASSERTION, SO MADE, WE FIND THAT BEFORE THE LD. COMMISSIONER OF INCOME TAX (APPEALS) AS IS EVIDENT FROM FORM NO.35/ GROUND RAISED THROUGH GROUND NO.2 DEPRECIATION FOR COMPUTING DISALLOWANCE U/S 14A WAS RAISED BY THE ASSESSEE. WHEREAS, THE LD. COMMISSION ER OF INCOME TAX (APPEALS) WHILE DISPOSING OF THE GROUND HAS ONLY DEALT WITH THE FIRST PORTION (GROUND NO.1) AND GROUND NO.2 REMAINED TO BE DISPOSED OFF. THUS, WITHOUT GO ING INTO MUCH DELIBERATION, WE REMAND THIS APPEAL TO THE FIL E OF THE LD. FIRST APPELLATE AUTHORITY TO EXAMINE THE CLAIM OF THE ASSESSEE AND DISPOSED OF THE SAME ON MERIT. THE ASS ESSEE BE GIVEN OPPORTUNITY OF BEING HEARD WITH FURTHER LI BERTY TO FURNISH EVIDENCE, IF ANY, IN SUPPORT OF ITS CLAIM. THUS, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL P URPOSES ONLY. FINALLY, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. M/S NEELKAMAL CENTRAL APARTMENT LIP ITA NO.4148/MUM/2012 3 THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 22/06/2015. SD/ - (RAJENDRA) SD/ - (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER $ % MUMBAI; ( DATED : 01/07/2015 F{X~{T? P.S/. . . %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. *+,- / THE APPELLANT 2. ./,- / THE RESPONDENT. 3. 0 0 $ 1' ( *+ ) / THE CIT, MUMBAI. P4. 0 0 $ 1' / CIT(A)- , MUMBAI 5. 3#4 .' , 0 *+' * 5 , $ % / DR, ITAT, MUMBAI 6. 6 7% / GUARD FILE. / BY ORDER, /3+' .' //TRUE COPY// / (DY./ASSTT. REGISTRAR) , $ % / ITAT, MUMBAI