MARVE BEACH REALOTRS P. LTD, MUMBAI V. ITO 10(3)(2), MUMBAI

ITA 4153/MUM/2016

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 7749 (ITAT-MUMBAI)
• Duration Of Justice: 9 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-03-2017
• Appeal Filed By: Assessee
• Bench Allotted: SMC
• Assessment Year: 1999-2000
• Appeal Filed On: 17-06-2016
• Court: TRIBUNAL
• Department Lawyers: BEENA SANTOSH
• Assessee Lawyers: NAYARAN ATAL
• Keywords: Opportunity of being heard; Rule of consistency

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER ITA NO. 4153/M/2016 (AY 1999 - 2000 ) ITA NO.4154/M/2016 (AY 2000 - 2001) M/S. MARVE BECH REALTORS PVT LTD., 161 - C, MITTAL TOWER, NARIMAN POINT, MUMBAI 400 021. / VS. INCOME TAX OFFICER - 10(3)(2), MUMBAI. ./ PAN : AAACM6031E ( / APPELLANT) .. ( / RESPONDENT ) / APPELLANT BY : SHRI NAYARAN ATAL / RESPONDENT BY : MS. BEENA SANTOSH, DR / DATE OF HEARING : 23 .03.2017 / DATE OF PRONOUNCEMENT : 29 .03.2017 / O R D E R PER D. KARUNAKARA RAO, AM: THERE TWO APPEALS UNDER CONSIDERATION. BOTH THE APPEALS ARE FILED BY THE ASSESSEE FOR THE ASSESSMENT YEARS 1999 - 2000 AND 2000 - 2001. SINCE, THE ISSUES RAISED IN THESE APPEALS ARE INTER - CONNECTED / IDENTICAL, THEREFORE, FOR THE SAKE OF CONVENIENCE, THEY ARE CLUBBED, HEARD COMBINEDLY AND DISPOSED OF IN THIS CONSO LIDATED ORDER. APPEAL WISE ADJUDICATION IS GIVEN IN THE FOLLOWING PARAS OF THIS ORDER. 2. THE COMMON ISSUES RAISED IN THESE APPEALS RELATE TO THE VALIDITY OF THE RE - ASSESSMENT PROCEEDINGS AND OTHER MERIT RELATED ISSUES. DURING THE PROCEEDINGS BEFORE THE TRIBUNAL , AT THE OUTSET, LD COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSING OFFICER REOPENED THE FIVE ASSESSMENT YEARS IE AY 1999 - 2000 ONWARDS, DURING THE ASSESSMENT PROCEEDINGS F OR THE AY 2003 - 04. BRINGING MY ATTENTION TO THE ORDER OF THE TRIBUNAL IN ITA NOS. 4155 TO 4157/M/2016 (THREE APPEALS) FOR THE AYS 2001 - 02, 2003 - 04 AND 2004 - 06, DATED 18.11.2016, LD COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE THREE APPEALS OUT OF TOTAL FIVE APPEALS WERE REMANDED TO THE FILE OF THE AO WITH A DIRECTION TO FRAME THE ASSESSMENT AFRESH AFTER GIVING PROPER 2 OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. IT IS THE PRAYER OF THE ASSESSEE WITH THE SIMILAR DIRECTIONS, THE INSTANT APPEALS CAN A LSO BE REMANDED TO THE FILE OF THE AO. 3. ON HEARING BOTH THE PARTIES AND ON FINDING THE FACTS AND ISSUES INVOLVED IN THE PRESENT APPEALS AS WELL AS IN THE APPEALS DECIDED BY THE TRIBUNAL (SUPRA), I AM OF THE OPINION, THE ISSUES RAISED IN BOTH THE APPEALS SHOULD BE RESTORED BACK TO THE FILE OF THE AO WITH IDENTICAL DIRECTION S FOLLOWING THE PRINCIPLE OF CONSISTENCY . ACCORDINGLY I ORDER. THUS, ALL THE GROUNDS RAISED BY THE ASSESSEE IN BOTH THE APPEALS ARE ALLOWED FOR STATISTICAL PURPOSES. 4. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUN CED IN THE OPEN COURT ON 2 9 T H MARCH, 2017. S D / - (D. KARUNAKARA RAO) ACCOUNTANT MEMBER MUMBAI ; 29.03.2017 . . ./ OKK , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI