SAMTA SAHAKARI BANK LTD., MUMBAI V. ACIT 1(3), MUMBAI

ITA 612/MUM/2011

• Counselvise Citation: 61219914 RSA 2011
• Duration Of Justice: 3 year(s) 1 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-02-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: H
• Next Hearing Date: 06-01-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 21-01-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SU RENDRA KUMAR

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL H BENCH, M UMBAI BEFORE S/SHRI B.R.MITTAL,(JM) AND B.R.BHASKARAN (AM ) . . , . . , ./I.T.A. NO.612/MUM/2011 ( / ASSESSMENT YEAR : 2007-08) SAMTA SAHAKARI BANK LTD., SING SADAN, A S MARG, SANTACRUZ(W), MUMBAI0-400054 / VS. THE ASSISTANT COMMISSIONER OF INCOME TAX,1(3), AAYAKAR BHAVAN, M K ROAD, MUMBAI-400020. ( % / APPELLANT) .. ( &% / RESPONDENT) ./ ./PAN/GIR NO. : AAAJSO216L % / APPELLANT BY : NONE &% * /RESPONDENT BY : SHRI SURENDRA KUMAR * - / DATE OF HEARING : 26.2.2014 * - /DATE OF PRONOUNCEMENT : 28.2.2014 / O R D E R PER B.R.MITTAL, JM: THE ASSESSEE HAS FILED THIS APPEAL AGAINST AN E X-PARTE ORDER OF LD. CIT(A) DATED 25.11.2010 FOR THE ASSESSMENT YEAR 2007-08. 2. NONE FOR THE ASSESSEE IN-SPITE OF NOTICE. WE HAVE DECIDED TO DISPOSE OFF THE APPEAL ON THE BASIS OF MATERIAL ON RECORD AND CONSI DERING THE SUBMISSIONS OF LD. DR. LD. DR RELIED ON THE ORDER OF LD. CIT(A). 3. WE OBSERVE THAT LD. CIT(A) HAS DISPOSED OFF THE APPEAL ON THE GROUND THAT FORM NO.35 IS NOT VERIFIED BY A PERSON WHOSE IDENT ITY COULD BE ESTABLISHED. THE LD. CIT(A) HAS NOT DECIDED THE ISSUE ON MERITS. WE OBS ERVE THAT THE SAID FORM NO.35 IS SIGNED BY MANAGING DIRECTOR OF THE ASSESSEE AS IS EVIDENT FROM THE SIGNATURE APPEARED IN FORM NO.36 AND THE GROUNDS OF APPEAL FI LED BEFORE US. I.T.A. NO.612/MUM/2011 2 4. IN VIEW OF ABOVE FACTS AND IN THE INTEREST OF JU STICE, WE SET ASIDE THE IMPUGNED ORDER OF LD. CIT(A) AND RESTORE THE MATTER TO HIS FILE TO DECIDE THE SAME AFRESH AFTER GIVING DUE OPPORTUNITY OF HEARING TO THE PARTIES BY A REASONED ORDER. HENCE, GROUNDS OF APPEAL FILED BY ASSESSEE IS ALLOWED FOR STATIST ICAL PURPOSES. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. THE ABOVE ORDER WAS PRONOUNCED IN THE OPEN COURT ON 28TH FEBRUARY, 2014. 1 2 28TH FEBRUARY, 2014 * SD SD ( . . / B.R. BASKARAN ) ( . . /B.R.MITTAL) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI: . . ./ SRL , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. % / THE APPELLANT 2. &% / THE RESPONDENT. 3. 8 ( ) / THE CIT(A)- CONCERNED 4. 8 / CIT CONCERNED 5. 9 &: , - : , / DR, ITAT, MUMBAI CONCERNED 6. / GUARD FILE. / BY ORDER, TRUE COPY (ASSTT. REGISTRAR) - : , /ITAT, MUMBAI