SHAHZAAD S. DALAL, MUMBAI V. ADDL CIT 13(1), MUMBAI

ITA 5417/MUM/2009

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 7952 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2011
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: E
• Next Hearing Date: 22-02-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 29-09-2009
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: S K SINGH
• Assessee Lawyers: D V LAKHANI
• Keywords: Salary income; Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH E,MUMBAI BEFORE SHRI S.V. MEHROTRA (AM) & SHRI VIJAY PAL RA O (JM) I.T.A.NO.5417/MUM/2009 (A.Y. 2006-07) ) SHRI SHAHZAAD S. DALAL, C/O. IL & FS INVESTMENT MANAGERS LTD., THE IL & FS FINANCIAL CENTRE, C-22, G-BLOCK, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI-51. PAN: AFKPD 9537 P VS. ADDL. COMMR. OF INCOME-TAX-13(1), AAYKAR BHAVAN, MUMBAI-20. APPELLANT RESPONDENT APPELLANT BY SHRI D.V . LAKHANI. RESPONDENT BY SHRI S.K. S INGH. O R D E R PER S.V. MEHROTRA, AM : THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF CIT(A)-XIII, MUMBAI, DATED 27-07-2009 IN RELATION TO THE ASSTT. YEAR 2006-07. 2. THE ASSESSEE FILED HIS RETURN OF INCOME DECLARIN G TOTAL INCOME AT RS.1,30,56,530/- BEING INCOME FROM SALARY, HOUSE PR OPERTY, SHORT-TERM CAPITAL GAINS, LONG-TERM CAPITAL GAINS AND INCOME FROM OTHE R SOURCES. THE ASSESSMENT WAS COMPLETED AT TOTAL INCOME OF RS.1,62,10,620/- A FTER MAKING VARIOUS ADDITIONS/DISALLOWANCES. 3. THE ASSESSEE PREFERRED APPEAL BEFORE THE LD. CIT )A), WHO, AFTER GIVING VARIOUS NOTICES, DECIDED THE ASSESSEES APPEAL EX P ARTE AS THE ASSESSEE WAS OUT OF TOWN AND DISMISSED THE SAME, INTER ALIA, OBSERVI NG THAT THE ASSESSEE WAS NOT INTERESTED IN DEFENDING HIS CASE. 4. THE ASSESSEE HAS, INTER ALIA, TAKEN THE FOLLOWIN G GROUND OF APPEAL : ITA NO.5417/M/09 SHAHZAAD S.DALAL 2 2) THE APPELLANT PRAYS THAT TH APPEAL MAY BE RESTO RED TO THE FILE OF THE COMMR. OF INCOME-TAX FOR AN EFFECTIVE HEARING A ND AN OPPORTUNITY MAY BE GIVEN TO THE APPELLANT TO REPRES ENT THE MATTER. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS RESIDING OUTSIDE INDIA AND THEREFORE THE PROCEEDINGS BEFORE THE CIT (A) COULD NOT BE ATTENDED. 5. HAVING HEARD BOTH THE PARTIES, WE FIND THAT BEFO RE THE LD. CIT(A) ADJOURNMENT APPLICATIONS WERE MOVED FROM TIME TO TI ME ON THE GROUND THAT THE ASSESSEE WAS OUT OF TOWN. THE LD. CIT(A) INFERRED T HAT THE ASSESSEE WAS NOT INTERESTED IN PROSECUTING AND DEFENDING HIS APPEAL. KEEPING IN VIEW THE ABSENCE OF ASSESSEE IN THE TOWN, WE ARE OF THE VIEW THAT AS SESSEE WAS PREVENTED BY REASONABLE CAUSE FROM APPEARING BEFORE THE CIT(A). WE, THEREFORE, IN ORDER IMPART SUBSTANTIAL JUSTICE TO THE ASSESSEE, RESTORE THE MATTER TO THE FILE OF CIT(A). HE IS DIRECTED TO DECIDE THE APPEAL DE NOVO . 6. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATIS TICAL PURPOSES. ORDER PRONOUNCED ON THE 25TH DAY OF MARCH, 2011. SD/- SD/- (VIJAY PAL RAO) (S.V. MEHROTRA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI: 25TH MARCH, 2011. NG: COPY TO : 1. ASSESSEE. 2. DEPARTMENT. 3 CIT(A)-XIII,MUMBAI. 4 CIT-13,MUMBAI. 5.DR,E BENCH,MUMBAI. 6.MASTER FILE. (TRUE COPY) BY ORDER, ASST.REGISTRAR, ITAT, MUMBAI. ITA NO.5417/M/09 SHAHZAAD S.DALAL 3 DETAILS DATE INITIALS DESIGNA TION 1. DRAFT DICTATED ON 25-02-11 SR.PS/ 2. DRAFT PLACED BEFORE AUTHOR 14-03-11 SR.PS/ 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/ AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/ 6. KEPT FOR PRONOUNCEMENT ON SR.PS/ 7. FILE SENT TO THE BENCH CLERK SR.PS/ 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9. DATE ON WHICH FILE GOES TO THE AR ITA NO.5417/M/09 SHAHZAAD S.DALAL 4 10. DATE OF DISPATCH OF ORDER