ITO 1(1)(2), MUMBAI V. CRYSTAL HOSPITALITY SERVICES P.TLD, MUMBAI

ITA 5634/MUM/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 2270 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 1 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-10-2016
• Appeal Filed By: Department
• Bench Allotted: C
• Next Hearing Date: 26-10-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 05-09-2014
• Court: TRIBUNAL
• Department Lawyers: BHARTI SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI BEFORE SHRI B.R. BASKARAN (AM) & SHRI PAWAN SINGH (JM) I.T.A. NO. 5634 /MUM/ 2014 (ASSESSMENT YEAR 20 1 0 - 11 ) ITO - 1(1) - 2 ROOM NO. 534/579 AAYAKAR BHAVAN M.K. ROAD MUMBAI - 400 020. M/S. CRYSTAL HOSPITALI TY SERVICES PVT. LTD. 6, STADIUM HOUSE 81/83, VEER NARIMAN ROAD, CHURCHGATE MUMBAI - 400 020. ( APPELLANT ) ( RESPONDENT ) PAN NO . AABCC4312R ASSESSEE BY NONE DEPARTMENT BY MS. BHARTI SINGH DATE OF HEARING 2 6 .10 . 201 6 DATE OF PRONOUNCEMENT 26 .1 0. 201 6 O R D E R PER B.R. BASKARAN (AM) : - THE APP E AL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 27.6.2014 PASSED BY THE LEARNED CIT(A) - 1, MUMBAI AND IT RELATES TO A.Y. 2010 - 11. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE EVEN THOUGH N OTICE WAS ISSUED BY REGISTERED POST ON MORE THAN ONE OCCASION. HENCE, WE PROCEED TO DISPOSE OF THE ASSESSEE EX - PARE, WITHOUT PRESENCE OF THE ASSESSEE. 3. WE HAVE HEARD LEARNED DEPARTMENTAL REPRESENTATIVE AND PERUSED THE RECORD. THE REVENUE IS CONTESTING R ELIEF GRANTED BY THE LEARNED CIT(A) IN RESPECT OF ADDITION OF ` 50,00,000/ - MADE BY THE ASSESSING OFFICER U/S. 41(1) OF THE ACT ON ACCOUNT OF CESSATION OF LIABILITY STANDING IN THE NAME OF M/S HOTEL RUGBY LTD. M/S. CRYSTAL HOSPITALITY SERVICES PVT. LTD. 2 4. L EARNED DEPARTMENTAL REPRESENTATIVE SUBMI TTED THAT THE BOOKS OF ACCOUNT OF THE ASSESSEE SHOWED THAT A SUM OF ` 50,00,000/ - WAS PAYABLE TO HOTEL RUGBY LTD. THE ASSESSING OFFICER CALLED FOR THE ACCOUNT COPY OF THE ASSESSEE AS APPEARING IN THE BOOKS OF ACCOUNT OF HOTEL RUGBY LTD. AND NOTICED THAT NO SUCH AMOUNT OF ` 50,00,000/ - WAS SHOWN AS RECEIVABLE FROM ASSESSEE AS ON 31.3.2010. ACCORDINGLY, THE ASSESSING OFFICER ASSESSED AN AMOUNT OF ` 50,00,000/ - AS CESSATION OF LIABILITY U/S. 41(1) OF THE ACT. LEARNED DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THE LEARNED CIT(A) HAS DELETED THE ADDITION WITHOUT CONFRONTING MATERIAL TO THE ASSESSING OFFICER. SHE FURTHER SUBMITTED THAT THE ASSESSEE HAS NOT FURNISHED ANY RECONCILIATION STATEMENT RECONCILING THE DIFFERENCE BETWEEN THE ASSESSEES BOOK AND BOOKS OF OTHER PARTY. 5. HAVING HEARD THE SUBMISSION MADE BY LEARNED DEPARTMENTAL REPRESENTATIVE, WE ARE OF THE VIEW THAT THIS ISSUE REQUIRES FRESH EXAMINATION AT THE END OF THE ASSESSING OFFICER. ACCORDINGLY, WE SET ASIDE THE ORDER PASSED BY THE LEARNED CIT (A) ON THIS ISSUE AND RESTORE THE SAME TO THE FILE OF THE ASSESSING OFFICER WITH THE DIRECTION TO EXAMINE THE SAME AFRESH BY CONSIDERING ALL MATERIAL THAT WERE ALREADY FILED AND THAT MAY ALSO BE FILED BEFORE HIM. 6. IN THE RESULT, APPEAL FILED BY THE REVE NUE IS ALLOWED FOR STA TISTI CAL PURPOSES. ORDER HAS BE EN PRONOUNCED IN THE COURT ON 2 6 .10 .2016 SD/ - SD/ - (PAWAN SINGH) (B.R.BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBA I ; DATED : 2 6 / 10 / 20 1 6 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT M/S. CRYSTAL HOSPITALITY SERVICES PVT. LTD. 3 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( DY./ASSTT. REGISTRAR) ITAT, MUMBAI PS