BAADER SCHULZ LABORATORIES, MUMBAI V. ACIT 25(1), MUMBAI

ITA 4179/MUM/2015

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 8209 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 4 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-11-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 17-05-2017
• Assessment Year: 2005-2006
• Appeal Filed On: 07-07-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMAN KUMAR
• Assessee Lawyers: RAMESH JOSHI
• Keywords: Revised return
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH B, MUMBAI BEFORE SHRI D.T. GARASIA, JUDICIAL MEMBER AND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTNAT MEMBER ITA NO.4178/M/2015 ASSESSMENT YEAR: 2005-06 ITA NO.4179/M/2015 ASSESSMENT YEAR: 2005-06 M/S. BAADER SCHULZ LABORATORIES, SHANTIVILLA, SHANTIVAN TOWER COMPOUND, DEVIDAS LANE, NR. CLUB ACAQUARIA, BORIVALI (W), MUMBAI-400 103 PAN: AACFB8402B VS. ACIT-25(1), MUMBAI (APPELLANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI RAMESH JOSHI, A.R. REVENUE BY : SHRI SUMAN KUMAR, D.R. DATE OF HEARING : 02.11.2017 DATE OF PRONOUNCEMENT : 30.11.2017 O R D E R PER D.T. GARASIA, JUDICIAL MEMBER: THE ABOVE TITLED APPEALS HAVE BEEN PREFERRED BY THE ASSESSEE AGAINST THE ORDER DATED 10.03.2015 OF THE COMMISSIO NER OF INCOME TAX (APPEALS) [HEREINAFTER REFERRED TO AS THE CIT(A )] RELEVANT TO ASSESSMENT YEAR 2005-06. 2. DURING THE COURSE OF HEARING, THE LD. A.R. SUBMI TTED THAT THE ASSESSEE COULD NOT PRESENT BEFORE THE LD. CIT(A) AN D THE LD. CIT(A) HAS PASSED THE ORDER WITHOUT HEARING TO THE ASSESSE E. NOW ASSESSEE ITA NO.4178/M/2015 & ITA NO.4179/M/2015 M/S. BAADER SCHULZ LABORATORIES 2 IS READY TO GO TO THE LD. CIT(A), THEREFORE, HE REQ UESTED TO RESTORE THIS MATTER BACK TO THE FILE OF LD. CIT(A). 3. LD. D.R. OBJECTED TO IT. 4. WE HAVE HEARD THE RIVAL CONTENTIONS OF BOTH THE P ARTIES. WE FIND THAT ASSESSEE FIRM IS A PARTNERSHIP FIRM AND E NGAGED IN THE BUSINESS OF MANUFACTURING OF DRUGS AND PHARMACEUTIC ALS. THE RETURN OF INCOME WAS FILED BY THE ASSESSEE ON 31.10.2005 D ECLARING TOTAL LOSS OF RS.1,15,24,260/-. SUBSEQUENTLY, A REVISED RETURN OF INCOME WAS FILED ON 28.11.2005 DECLARING TOTAL LOSS OF RS. 30,38,470/-. THE ASSESSMENT WAS COMPLETED UNDER SECTION 143(3) OF TH E ACT. WE FIND THAT THE ASSESSEE DID NOT REMAIN PRESENT BEFORE THE LD. CIT(A). THEREFORE, IN THE INTEREST OF JUSTICE, WE RESTORE T HIS APPEAL BACK TO THE FILE OF THE LD. CIT(A) TO DECIDE THE MATTER AFRESH AFTER GIVING DUE OPPORTUNITY OF HEARING TO THE ASSESSEE. 5. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 30.11.2017. SD/- SD/- (MANOJ KUMAR AGGARWAL) (D.T. GARASIA) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 30.11.2017. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI ITA NO.4178/M/2015 & ITA NO.4179/M/2015 M/S. BAADER SCHULZ LABORATORIES 3 THE DR CONCERNED BENCH //TRUE COPY// [ BY ORD ER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.