SIL BUSINESS ENTERPRISES LTD, MUMBAI V. DCIT CEN CIR 5, MUMBAI

ITA 4191/MUM/2011

• Counselvise Citation: [2012] 119 COUNSELVISE.COM (IT) 8571 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-10-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 22-10-2012
• Assessment Year: 2007-2008
• Appeal Filed On: 23-05-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V KRISHNAMOORTY
• Assessee Lawyers: VIJAY KOTHARI
• Keywords: Additional evidence

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH E BENCH BEFORE SHRI B.R.MITTAL(JUDICIAL MEMBER) AND SHRI RAJENDRA (ACCOUNTANT MEMBER) ITA NO.4191/MUM/2011 ASSESSMENT YEAR: 2007-08 SIL BUSINESS ENTERPRISES LTD., PLOT NO.1 & 2, JIJAMATA NAGAR, NASIK ROAD, NASIK-422 101 PA NO.AACCS 9181 K DCIT, CENT. CIRCLE-5 OLD CGO BUILDING, M.K. ROAD, MUMBAI. (APPELLANT) VS. (RESPONDENT) APPELLANT BY : SHRI VIJAY KOTHARI RESPONDENT BY: SHRI V.KRISHNAMOORTY DATE OF HEARING: 22.10.2012 DATE OF PRONOUNCEMENT: 22.10.2012 ORDER PER B.R.MITTAL, JM: THE ASSESSEE HAS FILED THIS APPEAL FOR ASSESSMENT Y EAR 2007-08 AGAINST ORDER DATED 22.3.2011 OF LD CIT(A)-36. 2. IN FIRST TWO GROUNDS OF APPEAL, ASSESSEE HAS STA TED THAT LD CIT(A) HAS NOT GIVEN REASONABLE OPPORTUNITY TO THE ASSESSEE AND ALSO HAS NOT ADMITTED ADDITIONAL EVIDENCE IN DECIDING THE APPEAL. 3. AT THE TIME OF HEARING, LD COUNSEL FOR ASSESSEE SUBMITTED THAT ASSESSEE ALSO COULD NOT FURNISH DETAILS BEFORE THE AO AS THE ASSE SSEE HAD BECOME A SICK COMPANY. HE SUBMITTED THAT IF THE MATTER IS RESTORED TO THE FIL E OF ASSESSING OFFICER FOR HIS FRESH CONSIDERATION, ASSESSEE WILL FURNISH THE REQUISITE DETAILS. LD D.R. SUBMITTED THAT HE HAS NO OBJECTION IN RESTORING THE MATTER TO THE FILE OF AO FOR PASSING FRESH ASSESSMENT ORDER PROVIDED ASSESSEE COOPERATE THE DEPARTMENT. ITA NO.4191/MUM/2011 ASSESSMENT YEAR: 2007-08 2 4. CONSIDERING ABOVE SUBMISSIONS OF LD REPRESENTATI VES OF PARTIES AND ORDERS OF AUTHORITIES BELOW, WE, IN THE INTEREST OF JUSTICE, SET ASIDE THE ORDERS OF AUTHORITIES BELOW AND RESTORE THE MATTER TO THE FILE OF AO WITH A DIR ECTION TO PASS FRESH ASSESSMENT ORDER AFTER GIVING OPPORTUNITY OF HEARING TO ASSESSEE AND CONSIDERING SUCH DETAILS AS MAY BE PLACED BEFORE HIM. WE MAY STATE THAT IF THE ASSESS EE FAILS TO SUBMIT THE REQUISITE DETAILS AND/OR TO CO-OPERATE THE AO, AO WILL MAKE THE ASSES SMENT ORDER ON THE BASIS OF MATERIAL AVAILABLE BEFORE HIM. 5. SINCE WE HAVE SET ASIDE THE ORDERS OF AUTHORITIE S BELOW AND RESTORED THE MATTER TO THE FILE OF AO TO PASS FRESH ASSESSMENT ORDER, W E DO NOT CONSIDER NECESSARY TO DECIDE GROUND NOS. 3 TO 5 OF APPEAL RELATING TO CONFIRMATI ON OF ADDITIONS MADE BY THE AO. 6. IN THE RESULT, APPEAL FILED BY ASSESSEE IS TREAT ED AS ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON 22 ND OCTOBER, 2012 SD/- (RAJENDRA) ACCOUNTANT MEMBER SD/- (B.R. MITTAL) JUDICIAL MEMBER MUMBAI, DATED 22 ND OCTOBER, 2012 PARIDA COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX (APPEALS),36, MUMBAI 4. COMMISSIONER OF INCOME TAX,C-1 , MUMBAI 5. DEPARTMENTAL REPRESENTATIVE, BENCH E MUMBAI //TRUE COPY// BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI