BRANDZSTORM INDIA MARKETING PVT LTD., Mumbai V. DCIT 9 (2)(1), Mumbai

ITA 5580/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3657 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-03-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 27-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: THARIAN OOMMEN LD
• Keywords: Principle of natural justice
• Section: 143(3)

Judgement Text

ITA NO.5580/MUM/2019 BRANDZSTORM INDIA MARKETING PRIVATE LIMITED ASSESSMENT YEAR: 2014-15 1 IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI , , BEFORE HONBLE SHRI MAHAVIR SINGH, VP AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO.5580/MUM/2019 ( / ASSESSMENT YEAR: 2014-15) BRANDZSTORM INDIA MARKETING PRIVATE L TD. 305, HUBTOWN SOLARIS,N S PHADKE MARG, TELLI GULLY, NEAR HOTEL REGENCY ANDHERI (E), MUMBAI-400 069 / VS. D CIT - 9(2)(1) 665A/259A, 6 TH /2 ND FLOOR AAYKAR BHAVAN, M.K. ROAD MUMBAI-400 020. !' ./ ./PAN/GIR NO. AAECB-0542-P ( '$ /APPELLANT ) : ( %&'$ / RESPONDENT ) ASSESSEE BY : NONE REVENUE BY : SHRI THARIAN OOMMEN- LD. DR / DATE OF HEARING : 22/02/2021 / DATE OF PRONOUNCEMENT : 03/03/2021 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY ASSESSEE FOR ASSESSMENT YEAR [AY] 2014-15 CONTEST EX-PARTE ORDER OF LD. COMMISSIONER OF INCOME-TAX (A)-16, MUMBAI [CIT(A)], APPEAL NO.CIT(A)-16/10750/ DCIT- 9(2)(1)/2016-17 DATED 30/05/2019 WHICH HAS CONFIRM ED THE INTEREST DISALLOWANCE OF RS.2,73,759/- AS MADE BY L D. ASSESSING OFFICER WHILE FRAMING AN ASSESSMENT U/S 143(3) ON 3 0/11/2016. 2. IT IS DISCERNIBLE FROM IMPUGNED ORDER THAT THE A SSESSEE FAILED TO ATTEND APPELLATE PROCEEDINGS DESPITE BEING PROVI DED WITH SEVERAL ITA NO.5580/MUM/2019 BRANDZSTORM INDIA MARKETING PRIVATE LIMITED ASSESSMENT YEAR: 2014-15 2 OPPORTUNITIES OF HEARING AS NOTED IN OPENING PARA O F THE IMPUGNED ORDER. IN THE ABSENCE OF ANY FURTHER EVIDENCES / AR GUMENTS, THE DISALLOWANCE WAS CONFIRMED BY LD.CIT(A). AGGRIEVED, THE ASSESSEE IS IN FURTHER APPEAL BEFORE US WHEREIN WE FIND SIMI LAR SITUATION AND NONE HAS APPEARED FOR ASSESSEE. THE LD DR PLEADED F OR DISMISSAL OF THE APPEAL. HOWEVER, KEEPING IN VIEW THE PRINCIP LE OF NATURAL JUSTICE, THE BENCH DEEMS IT FIT TO PROVIDE ANOTHER OPPORTUNITY TO THE ASSESSEE TO SUBSTANTIATE HIS CASE. THEREFORE, WE SE T-ASIDE THE IMPUGNED ORDER AND RESTORE THE MATTER BACK TO THE F ILE OF LD. CIT(A) FOR RE-ADJUDICATION AFTER PROVIDING ANOTHER OPPORTU NITY OF HEARING TO THE ASSESSEE. THE ASSESSEE, IN TURN, IS DIRECTED TO SUBSTANTIATE HIS CLAIM FAILING WHICH LD. CIT(A) SHALL BE AT LIBERTY TO PROCEED WITH ADJUDICATION ON THE BASIS OF MATERIAL ON RECORD. 3. THE APPEAL STANDS ALLOWED FOR STATISTICAL PURPOS E. ORDER PRONOUNCED ON 03 RD MARCH, 2021 SD/- SD/- (MAHAVIR SINGH) (MANOJ KUMAR AGGARWAL) / VICE PRESIDENT / ACCOUNTANT MEMBER MUMBAI; DATED : 03/03/2021 SR.PS, JAISYVARGHESE / COPY OF THE ORDER FORWARDED TO : 1. '$ / THE APPELLANT 2. %&'$ / THE RESPONDENT ITA NO.5580/MUM/2019 BRANDZSTORM INDIA MARKETING PRIVATE LIMITED ASSESSMENT YEAR: 2014-15 3 3. - ( ) / THE CIT(A) 4. - / CIT CONCERNED 5. ./% ( 0 , 0 , / DR, ITAT, MUMBAI 6. /123 / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.