N.W. EXPORTS LTD, MUMBAI V. ACIT (OSD) CIR 2(2), MUMBAI

ITA 5637/MUM/2010

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 84368 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 4 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-12-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 08-12-2014
• Assessment Year: 2006-2007
• Appeal Filed On: 12-07-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIVEK BATRA
• Assessee Lawyers: YOGESH A THAR
• Keywords: Opportunity of being heard

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL B BE NCH, MUMBAI , !' # # # # $ % & !' ' BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT M EMBER AND SHRI AMIT SHUKLA, JUDICIAL MEMBER ./I .T.A. NO. 5637/MUM/2010 ( ( ( ( ( / ASSESSMENT YEAR : 2006-07 M/S. N,.W. EXPORTS LTD., NEVILLE HOUSE, CURRIMBHOY ROAD, BALLARD ESTATE, MUMBAI-400 001 / VS. THE ACIT (OSD),CIR 2(2) AAYAKAR BHAVAN, MUMBAI-400 020 ') ./ *+ ./ PAN/GIR NO. : AAACN 2021P ( ), / APPELLANT ) .. ( -.), / RESPONDENT ) ), / / APPELLANT BY: SHRI YOGESH A THAR -.), 0 / / RESPONDENT BY: SHRI VIVEK BATRA 0 $1 / DATE OF HEARING :08.12.2014 23( 0 $1 / DATE OF PRONOUNCEMENT :08.12.2014 !% / O R D E R PER N.K. BILLAIYA, AM: THIS APPEAL BY THE ASSESSEE IS PREFERRED AGAINST TH E ORDER OF THE LD. CIT(A)-5, MUMBAI DT.19.4.2010 PERTAINING TO A.Y.200 6-07. 2. VIDE GROUND NO. 1 & 2 OF THE APPEAL, THE ASSESSE E HAS CLAIMED THAT THE LD. CIT(A) HAS NOT GIVEN REASONABLE OPPORTUNITY TO THE ASSESSEE TO ITA NO. 5637/M/2010 2 GIVE NECESSARY EXPLANATIONS ON THE ADDITIONS/ADJUST MENTS MADE BY THE AO. 3. AT THE VERY OUTSET, THE LD. COUNSEL FOR THE ASSE SSEE SUBMITTED ADJOURNMENT APPLICATIONS FILED BEFORE THE LD. CIT(A ), THE LAST OF WHICH WAS DT. 12.4.2010, THE LD. CIT(A) REFUSED TO GIVE A DJOURNMENT AND PROCEEDED TO DECIDE THE APPEAL EX-PARTE. 4. BEFORE US, THE LD. COUNSEL FOR THE ASSESSEE STAT ED THAT IF AN OPPORTUNITY IS GIVEN TO THE ASSESSEE, THE ASSESSEE WILL DEFEND ITS CASE PROPERLY. 5. WE HAVE CAREFULLY CONSIDERED THE SUBMISSIONS MAD E BY THE LD. COUNSEL. WE FIND THAT THE LD. CIT(A) HAS DECIDED T HE APPEAL EX-PARTE. THEREFORE, IN THE INTEREST OF JUSTICE AND FAIR PLAY , WE RESTORE THIS APPEAL TO THE FILE OF THE LD. CIT(A) TO BE DECIDED AFRESH AFT ER GIVING REASONABLE AND SUFFICIENT OPPORTUNITY OF BEING HEARD TO THE ASSESS EE. THE LD. COUNSEL FOR THE ASSESSEE AGREED TO APPEAR BEFORE THE LD. CIT(A) AND DEFEND THE CASE ON 22 ND JANUARY, 2015. THE ASSESSEE IS DIRECTED TO PRESEN T ITSELF BEFORE THE LD. CIT(A) ON THE DATE ACCEPTED BY THE LD. COUN SEL. 6. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH DECEMBER, 2014 SD/- SD/- (AMIT SHUKLA ) (N.K. BILLAIYA) !' /JUDICIAL MEMBER !' / ACCOUNTANT MEMBER MUMBAI; 4! DATED : 8 TH DECEMBER, 2014 . . ./ RJ , SR. PS ITA NO. 5637/M/2010 3 !% !% !% !% 0 00 0 -$ -$ -$ -$ 5($ 5($ 5($ 5($ / COPY OF THE ORDER FORWARDED TO : 1. ), / THE APPELLANT 2. -.), / THE RESPONDENT. 3. 6 ( ) / THE CIT(A)- 4. 6 / CIT 5. 78 -$ , , / DR, ITAT, MUMBAI 6. 89 : / GUARD FILE. !% !% !% !% / BY ORDER, .$ -$ //TRUE COPY// ; ;; ; / < < < < * * * * (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI