NARENDRA S SHAH, MUMBAI V. INCOME TAX OFFICER-29(2)(4), MUMBAI, MUMBAI

ITA 5385/MUM/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 6849 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 11 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-07-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 19-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SMITA VERMA
• Section: 68

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI , BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER . 5385 //2019 (. . 2014-15 ) ITA NO.5385/MUM/2019 (A.Y.2014-15) SHRI NARENDRA S. SHAH 1011, B-1, MADHUR MILAN, DR. R.P. ROAD, MULUND (W), MUMBAI-400080. PAN: AAHPS2165B ...... ) / APPELLANT VS. ITO 29(2)(4) ROOM NO. 205, 2 ND FLOOR, C-10, PRATYAKSHA KAR BHAVAN, BKC, BANDRA (EAST), MUMBAI-400051. ..... *,/ RESPONDENT ) -/ APPELLANT BY : NONE *, -/ RESPONDENT BY : MS. SMITA VERMA . / DATE OF HEARING : 27/07/2021 . / DATE OF PRONOUNCEMENT : 27/07/2021 / ORDER PER VIKAS AWASTHY, J.M: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-40, MUMBAI [HE REINAFTER REFERRED TO AS THE CIT(A)] DATED 23/05/2019 FOR THE ASSESSMENT Y EAR 2014-15. 2 . 5385 //2019 (. .2014-15 ) ITA NO.5385/MUM/2019 (A.Y.2014-15) 2. THE SOLITARY ISSUE RAISED BY THE ASSESSEE IN AP PEAL IS AGAINST THE ADDITION OF RS. 12,95,000/- MADE UNDER SECTION 68 OF THE INC OME TAX ACT, 1961 [HEREINAFTER REFERRED TO AS THE ACT] ON ACCOUNT O F UNEXPLAINED CASH DEPOSITS IN THE SAVINGS BANK ACCOUNT. 3. A PERUSAL OF THE IMPUGNED ORDER SHOWS THAT THE S AME HAS BEEN PASSED IN AN EX-PARTY PROCEEDING. THE CASE WAS POSTED FOR HEARING BY THE FIRST APPELLATE AUTHORITY ON 11.01.2018, 19.02.2018, 08.0 5.2018 AND FINALLY ON 22.05.2018. ON THE AFORESAID DATES NEITHER THE ASSE SSEE NOR ANY AUTHORIZED REPRESENTATIVE OF THE ASSESSEE WAS PRESENT TO ATTEN D THE PROCEEDINGS. NEITHER ANY REQUEST FOR ADJOURNMENT WAS MADE ON BEHALF OF T HE ASSESSEE ON ANY OF THE AFORESAID DATES. THE CIT(A) HAS DISMISSED THE APPEA L OF ASSESSEE ON MERITS IN A SUMMARY MANNER. A REQUEST FOR SEEKING ADJOURNMENT WAS RECEIVED FROM THE OFFICE OF AR OF THE ASSESSEE TODAY. THE REASON CITED FOR SEEKING A DJOURNMENT IS THAT RELEVANT PAPERS ARE AWAITED FOR COMPILATION OF PAPER BOOK. T HE ORDER OF CIT(A) IS NON-SPEAKING & CRYPTIC. IN MY CONSIDERED VIEW THERE IS NO NEED TO FURNISH ANY PAPER BOOK AS THE IMPUGNED ORDER IS UNSUSTAINABLE. THEREFORE, THE REQUEST FOR ADJOURNMENT SOUGHT BY AR OF THE ASSESSEE IS REJECTE D. WITHOUT COMMENTING ON MERITS OF THE ISSUE RAISED IN THIS APPEAL, I DEEM I T APPROPRIATE TO RESTORE THIS APPEAL TO THE FILE OF CIT(A) FOR DENOVO ADJUDICATION AFTER AFFORDING REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE, IN ACCORDAN CE WITH LAW. 4. THE ASSESSEE IS DIRECTED TO APPEAR BEFORE THE C IT(A) UPON SERVICE OF NOTICE AND CO-OPERATE IN THE APPELLATE PROCEEDINGS. 3 . 5385 //2019 (. .2014-15 ) ITA NO.5385/MUM/2019 (A.Y.2014-15) 5. IN THE RESULT, IMPUGNED ORDER IS QUASHED AND THE APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON TUESDAY , THE 27 TH DAY OF JULY, 2021. SD/- (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, 3/ DATED: 27/07/2021 SK, PS * 4 * 4 * 4 * 4 COPY OF THE ORDER FORWARDED TO : 1. ) / THE APPELLANT , 2. *, / THE RESPONDENT. 3. 5 ( )/ THE CIT(A)- 4. 5 CIT 5. * , . . . , / DR, ITAT, MUMBAI 6. 9 / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI