Shimnit Finance and Investment Pvt Ltd, Mumbai V. ITO 3(3)(1), Mumbai

ITA 424/MUM/2024

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 6855 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-05-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Next Hearing Date: 29-05-2024
• Assessment Year: misc
• Appeal Filed On: 29-01-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DINESH A. CHOURASIA
• Keywords: Reasonable cause; Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “G”, MUMBAI BEFORE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER AND SHRI ANIKESH BANERJEE, JUDICIAL MEMBER ITA NO.424/MUM/2024 Assessment Year :2018-19 ITA NO.425/MUM/2024 Assessment Year : 2018-19 Shimnit Finance & Investment Pvt. Ltd. 8 th Floor, Regent Chambers, Nariman Point, Mumbai 400 021 PAN:AAKCS-4785-K ---- Appellant Vs. Income Tax Officer, Ward 3(3)(1), Aaykar Bhavan, M.K.Road, Mumbai – 400 020 --- Respondent Appellant by : Shri Radhakant Saraf Respondent by : Shri Dinesh A. Chourasia Date of Hearing : 30/05/2024 Date of Pronouncement : 30/05/2024 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER : The assessee has filed both these appeals challenging the orders passed by Ld CIT(A), NFAC, Delhi and they relate to the assessment years 2018-19. One appeal is related to the quantum proceedings and another appeal is related to penalty proceedings. 2. The Ld Counsel appearing for the assessee submitted that the Ld CIT(A) has passed the orders ex-parte on the reasoning that the assessee did not respond to the notices issued by him. The Ld A.R submitted that the Ld CIT(A) has forwarded the notices to wrong e- mail id and hence the notices were returned back. He submitted that 2 ITA NO.424 &425/MUM/2024 Assessment Year :2018-19 the correct email id of the assessee is “[e-mail]”, whereas the Ld CIT(A) has sent notices to wrong email id, viz., “[e-mail]”. Accordingly, he submitted that the assessee cannot be found fault with for the above said inadvertent error that occurred at the end of Ld CIT(A). Accordingly, he prayed that the assessee may be provided with an opportunity to present its case properly before Ld CIT(A). 3. We heard Ld D.R and perused the record. Having regard to the submissions made by Ld A.R, we are of the view that there was reasonable cause for the assessee in not appearing before Ld CIT(A). Accordingly, we are of the view that the assessee should be provided with an opportunity to present its case properly before Ld CIT(A). Accordingly, we set aside the orders passed by Ld CIT(A) and restore all the issues urged in both the appeals to his file for adjudicating them on merits. We also direct the office of Ld CIT(A) to send the notices to correct e-mail id of the assessee. We also direct the assessee to fully cooperate with Ld CIT(A) for expeditious disposal of the appeals. 4. In the result, both the appeals of the assessee are treated as allowed. Order pronounced in the open court on 30 th May, 2024. Sd/- Sd/- (ANIKESH BANERJEE) JUDICIAL MEMBER (B.R. BASKARAN) ACCOUNTANT MEMBER Mumbai, Date : 30 th May, 2024 Vm 3 ITA NO.424 &425/MUM/2024 Assessment Year :2018-19 Copy to : 1) The Applicant 2) The Respondent 3) The PCIT/CIT concerned 4) The D.R, “G” Bench, Mumbai 5) Guard file By Order Dy./Asstt. Registrar I.T.A.T, Mumbai