SIMCORP FUND LTD ( FOMERLY KNOWN AS STRATEGIC RESEARCH INTELLIGENCE LTD), MUMBAI V. DCIT CIR 4(3), MUMBAI

ITA 6140/MUM/2011

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 71940 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 3 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-12-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 17-12-2013
• Assessment Year: 2005-2006
• Appeal Filed On: 05-09-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PARMINDER
• Keywords: Opportunity of being heard

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL E B ENCH, MUMBAI . . , , !'# , $ % BEFORE SHRI I.P. BANSAL, JM AND SHRI N.K. BILLAI YA, AM ./ I.T.A. NO.6140/MUM/2011 ( & & & & / ASSESSMENT YEAR :2005-06 M/S. SIMCORP FUND LTD., (FORMERLY KNOWN AS STRATEGIC RESEARCH INTELLIGENCE LTD.), 1/B, GROUND FLOOR, MAY BULDG., 299 PRINCESS STREET, MARINE LINES, MUMBAI-400 002 THE DCIT, CIRCLE-4(3), MUMBAI ' $ ./ () ./PAN/GIR NO. : AAGCS 7475N ( '* /APPELLANT ) .. ( +,'* / RESPONDENT ) '* - / APPELLANT BY : ` SHRI RAKESH JOSHI +,'* . - /RESPONDENT BY : SHRI PARMINDER . /0$ / DATE OF HEARING :19.12.2013 12& . /0$ / DATE OF PRONOUNCEMENT : 19.12.2013 3 / O R D E R PER N.K. BILLAIYA, AM: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF THE LD. CIT(A)-8, MUMBAI DT.16.6.2011 PERTAINING TO A.Y. 20 05-06. 2. THE ASSESSEE HAS RAISED 3 SUBSTANTIVE GROUNDS OF APPEAL AND ONE ADDITIONAL GROUND. THE FIRST GRIEVANCE OF THE ASSE SSEE IS THAT THE LD. CIT(A) HAS ERRED IN PASSING EX-PARTE ORDER WITHOUT GRANTING SUFFICIENT OPPORTUNITY OF BEING HEARD. ITA NO.6140/M/2011 2 3. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED BEFOR E US THAT DUE TO SOME RENOVATION WORK IN THE BUSINESS PREMISE OF THE ASSESSEE, NOTICES ISSUED BY THE LD. CIT(A) COULD NOT REACH TO THE ASS ESSEE THOUGH DULY SERVED AT THE GIVEN ADDRESS. THE LD. COUNSEL ALSO FILED AN AFFIDAVIT OF THE MANAGING DIRECTOR OF THE ASSESSEE COMPANY. IT IS THE SAY OF THE LD. COUNSEL THAT IF ONE MORE OPPORTUNITY IS GIVEN TO TH E ASSESSEE, THE ASSESSEE WOULD BE IN A POSITION TO DEFEND ITS CASE PROPERLY BEFORE THE LD. CIT(A). 4. THE LD. DEPARTMENTAL REPRESENTATIVE DID NOT OBJE CT TO THE SUBMISSION OF THE LD. COUNSEL. 5. WE HAVE CAREFULLY PERUSED THE ORDERS OF THE LD. CIT(A) PASSED EX- PARTE. WE HAVE ALSO PERUSED THE AFFIDAVIT FILED BY THE MANAGING DIRECTOR SHRI PRITAM MOHITE. IN THE INTEREST OF JUSTICE, WE RESTORE THIS ISSUE BACK TO THE FILE OF THE LD. CIT(A). THE CIT(A) IS DIRECTED TO DECIDE THE APPEAL AFRESH. THE ASSESSEE IS DIRECTED TO APPEAR BEFORE THE LD. CIT(A) ON 3 RD MARCH, 2014. AS THE DATE HAS BEEN NOTED BY THE LD. COUNSEL, THE LD. CIT(A) NEED NOT ISSUE ANY NOTICE. 6. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 19.12.2013 . 3 . 2& $ 4 56 19.12.2013 2 . 7 SD/- SD/- (I.P. BANSAL ) (N. K. BILLAIYA) /JUDICIAL MEMBER $ / ACCOUNTANT MEMBER MUMBAI; 5 DATED 19/12 /2013 . . ./ RJ , SR. PS ITA NO.6140/M/2011 3 3 3 3 3 . .. . +/ +/ +/ +/ 8 &/ 8 &/ 8 &/ 8 &/ / COPY OF THE ORDER FORWARDED TO : 1. '* / THE APPELLANT 2. +,'* / THE RESPONDENT. 3. 9 ( ) / THE CIT(A)- 4. 9 / CIT 5. :7 +/ , , / DR, ITAT, MUMBAI 6. 7; < / GUARD FILE. 3 3 3 3 / BY ORDER, , / +/ //TRUE COPY// = == = / > > > > ( ( ( ( (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI