JAGMANDRI FINVEST P.LTD, MUMBAI V. ITO 9(2)(1), MUMBAI

ITA 5017/MUM/2017

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 6373 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-02-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2011-2012
• Appeal Filed On: 21-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJEEV GUBGOTRA
• Keywords: Principle of natural justice
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI BEFORE S/ SHRI B.R. BASKARAN (AM) & SANDEEP GOSAIN (JM) I.T.A. NO. 5017 /MUM/20 1 7 (ASSESSMENT YEAR 20 11 - 12 ) JAGMANDRI FINVEST PRIVATE LTD. D - 108, LOTUS ANSAL VIHAR NEW LINK ROAD NR. SHIMPOLI TELEPHO NE EXCHANGE, BORIVALI WEST MUMBAI - 400 092. PAN : AAACJ1452A VS. ITO - 9(2)(1) ROOM NO. 147A AAYAKAR BHAVAN M.K. ROAD MUMBAI - 400020. ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY NONE DEPARTMENT BY SHRI RAJEEV GUBGOTRA DATE OF HEARING 5 . 2 . 201 9 D ATE OF PRONOUNCEMENT 5 . 2 . 201 9 O R D E R PER B.R. BASKARAN (AM) : - THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 29.9.2014 PASSED BY LEARNED CIT(A) - 20, MUMBAI AND IT RELATES TO A.Y. 2011 - 12. 2. NONE APPEARED ON BEHALF OF THE ASS ESSEE EVEN THOUGH NOTICE OF HEARING WAS SENT TO THE ASSESSEE BY REGISTERED POST ON MORE THAN ONE OCCASION. HENCE, WE PROCEED TO DISPOSE OF THE APPEAL EX PARTE, WITHOUT PRESENCE OF THE ASSESSEE. 3. WE HEARD LEARNED DR AND PERUSED THE RECORD. THE A SSESSEE - C OMPANY IS ENGAGED IN THE BUSINESS OF PROVIDING CONSULTANCY SERVICES AND ALSO ENGAGED IN TRADING AND INVESTMENT ACTIVITIES. IT FILED ITS RETURN OF INCOME DISCLOSING TOTAL INCOME OF RS. 1,31,980/ - . THE ASSESSING OFFICER , HOWEVER, COMPLETED THE ASSESSMENT DET ERMINING TO T AL INCOME AT RS. 83.54 LAKHS. 4. THE ASSESSEE CHALLENGED THE ASSESSMENT ORDER BY FILING APPEAL BEFORE LEARNED CIT(A). HOWEVER, THE ASSESSEE DID NOT APPEAR BEFORE HIM DESPITE 2 OPPORTUNITIES WERE GIVEN FOR FOUR TIMES. HENCE, LEARNED CIT(A) DISMIS SED THE APPEAL OF THE ASSESSEE IN LIMINE . AGGRIEVED, THE ASSESSEE HAS FILED THIS APPEAL BEFORE US. 5. AS STATED EARLIER, THE ASSESSEE DID NOT APPEAR BEFORE THE TRIBUNAL ALSO. SINCE THE LEARNED CIT(A) HAS DISMISSED THE APPEAL OF THE ASSESSEE WITHOUT DECIDI NG THE ISSUES ON MERIT, IN THE INTEREST OF NATURAL JUSTICE, WE ARE OF THE VIEW THAT THE ASSESSEE MAY BE PROVIDED WITH ONE MORE OPPORTUNITY TO PRESENT ITS CASE BEFORE LEARNED CIT(A). HOWEVER, THE SAME SHOULD BE AT A COST AS THE ASSESSEE APPEARS TO BE DELINQ UENT IN NATURE. ACCORDINGLY, WE IMPOSE A COST OF RS. 10,000/ - UPON THE ASSESSEE , WHICH SHALL BE PAID TO THE CREDIT OF INCOME TAX DEPARTMENT AS OTHER FEES WITHIN ONE MONTH FROM THE DATE OF RECEIPT OF THIS ORDER BY THE ASSESSEE. S UBJECT TO PAYMENT OF THE S AME, WE RESTORE ALL THE ISSUES TO THE FILE OF LEARNED CIT(A) FOR ADJUDICATING THEM ON MERIT S . WE ALSO DIRECT THE ASSESSEE TO COOPERATE WITH LEARNED CIT(A) FOR EXPEDITIOUS DISPOSAL OF THE ASSESSEE. 6. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER HAS BE E N PRONOUNCED IN THE COURT ON 5 . 2 .201 9 . SD/ - SD/ - (SANDEEP GOSAIN ) (B.R.BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 5 / 2 / 20 1 9 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 3 6. GUARD FILE. BY ORDER, //TRUE COPY// ( SENIOR PRIVATE SECRETARY ) PS ITAT, MUMBAI