M/s Maya Ventures Pvt ltd , Bangalore V. Deputy Commissioner of Income Tax Circle-4(1)(1), Bangalore

ITA 486/BANG/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 3468 (ITAT-BANGALORE)
• Duration Of Justice: 6 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-08-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 20-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SMARAH SWAIN JT BENGALURU
• Assessee Lawyers: R RAMAKRISHNAN
• Keywords: Opportunity of being heard
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, JUDICIAL MEMBER AND SHRI A.K. GARODIA , ACCOUNTANT MEMBER I TA NO. 486/BANG/2018 ASSESSMENT YEAR : 2012 - 13 M/S. MAYA VENTURES PVT. LTD., NO.19 & 19/1, 3 RD FLOOR, SOUTH END ROAD, BASAVANGUDI, BANGALORE 560 004. PAN: AAECM 1257G VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 4(1)(1), BANGALORE. APPELLANT RESPONDENT APPELLANT BY : SHRI R. RAMAKRISHNAN, CA RE SPONDENT BY : SHRI SMARAH SWAIN, JT .CIT(DR)(ITAT), BENGALURU. DATE OF HEARING : 08 .0 8 .201 8 DATE OF PRONOUNCEMENT : 24 .08 .2018 O R D E R PER N.V. VASUDEVAN, JUDICIAL MEMBER THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE OR DER DATED 22.12.2107 OF THE CIT(APPEALS)-IV, BANGALORE RELATI NG TO ASSESSMENT YEAR 2012-13. ITA NO. ITA NO.486/BANG/2018 PAGE 2 OF 3 2. THE ASSESSEE IS A COMPANY ENGAGED IN THE BUSINE SS OF REAL ESTATE DEVELOPMENT. AN ORDER OF ASSESSMENT U/S. 143(3) OF THE INCOME-TAX ACT, 1961 [THE ACT] DATED 23.03.2015 WAS PASSED BY THE ASSESSING OFFICER FOR THE AY 2012-13. IN THE SAID ORDER, THE AO DISALLOW ED THE CLAIM OF ASSESSEE FOR DEDUCTION OF A SUM OF RS.4,51,844. AG GRIEVED BY THE ADDITION MADE BY THE AO IN THE ORDER OF ASSESSMENT, THE ASSE SSEE PREFERRED APPEAL BEFORE THE CIT(APPEALS). THE APPEAL BEFORE THE CIT (A) WAS FIXED FOR HEARING ON 16.1.2017. THEREAFTER, AT THE REQUEST O F THE ASSESSEE IT WAS ADJOURNED. THE SECOND HEARING WAS FIXED ON 15.12.20 17 AND AT ASSESSEES REQUEST, IT WAS ADJOURNED TO 21.12.2017. ON 21.12. 2017, THE ASSESSEE SOUGHT FOR AN ADJOURNMENT ON THE GROUND THAT HIS CO UNSEL WAS PRE- OCCUPIED WITH TIME BARRING ASSESSMENT PROCEEDINGS. THE SAID REQUEST WAS REJECTED BY THE CIT(A) AND THE CIT(A) PROCEEDED TO PASS THE IMPUGNED ORDER ON 22.12.2017 DISMISSING THE APPEAL IN LIMINE . 3. AGGRIEVED BY THE AFORESAID ORDER OF CIT(APPEALS) , THE ASSESSEE HAS PREFERRED THE PRESENT APPEAL BEFORE THE TRIBUNAL. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS. IN THE IMP UGNED ORDER, THE CIT(APPEALS) HAS MADE AN OBSERVATION THAT THE APPEA L WAS FIXED ON MANY OCCASIONS, WHEREAS THE TRUE POSITION IS THAT THE AP PEAL WAS FIXED FOR HEARING ONLY ON 3 OCCASIONS. ON 21.12.17 WHEN THE APPEAL WAS FIXED FOR HEARING, REQUEST FOR ADJOURNMENT WAS MADE ON SUFFIC IENT GROUNDS, WHICH OUGHT TO HAVE BEEN ACCEPTED BY THE CIT(A). IN THE GIVEN CIRCUMSTANCES, WE ARE OF THE VIEW THAT THERE WAS LACK OF PROPER OP PORTUNITY OF BEING HEARD AFFORDED TO THE ASSESSEE. WE THEREFORE SET ASIDE T HE ORDER OF CIT(APPEALS) AND DIRECT THE CIT(APPEALS) TO DECIDE THE APPEAL ON MERITS, AFTER AFFORDING OPPORTUNITY OF BEING HEARD. ITA NO. ITA NO.486/BANG/2018 PAGE 3 OF 3 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON THIS 24 TH DAY OF AUGUST, 2018. SD/- SD/- ( A.K. GARODIA ) ( N.V. VASUDEVAN ) ACCOUNTANT MEMBER JUDICIAL MEMBER BANGALORE, DATED, THE 24 TH AUGUST, 2018. / D ESAI S MURTHY / COPY TO: 1. THE APP ELL ANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY ITAT, BANGALORE.