SPECIALITY EQUIPMENT P. LTD, MUMBAI V. ITO WD 2(3)-2, MUMBAI

ITA 6271/MUM/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 55764 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-11-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 14-11-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 20-08-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G P TRIVEDI
• Assessee Lawyers: RENU CHOUDHARI
• Keywords: Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH E MUMBAI BEFORE SHRI B.R. MITTAL (JUDICIAL MEMBER) AND SHRI T.R. SOOD (ACCOUNTANT MEMBER) ITA NO. 6271/MUM/2010 ASSESSMENT YEAR-2006-07 M/S. SPECIALITY EQUIPMENT PVT. LTD., 4/87. NITYANAND NAGAR SOC., NO.4, SWAMI NITYANAND ROAD, OPP. ANDHERI STATION, ANDHERI(E), MUMBAI-400 069 PAN-AAACS 6564L VS. THE ITO, WARD-2(3)-2, AAYAKAR BHAVAN, MUMBAI-400 020 (APPELLANT) (RESPONDENT) APPELLANT BY: MS. RENU CHOUDHARI RESPONDENT BY: SHRI G.P. TRIVEDI DATE OF HEARING :14.11.2011 DATE OF PRONOUNCEMENT: 14.11.2011 O R D E R PER B.R. MITTAL, JM : THE ASSESSEE HAS FILED THIS APPEAL FOR ASSESSMENT Y EAR 2006-07 AGAINST EX PARTE ORDER OF LD. CIT(A) DT. 17.5.2010 DISPUTIN G THE CONFIRMATION OF DISALLOWANCE OF INTEREST OF RS. 3,76,569/-. 2. AT THE TIME OF HEARING, LD. AR SUBMITTED THAT LD . CIT(A) HAS NOT GIVEN ADEQUATE OPPORTUNITY TO ASSESSEE AND THEREFORE ADDI TION MADE BY HIM IS NOT JUSTIFIED. THE LD. AR SUBMITTED THAT ASSESSEE ASKE D FOR ADJOURNMENT ON THE DATE FIXED FOR BUT LD. CIT(A) REFUSED THE SAME AND CONFIRMED ADDITION MADE BY AO. HE FURTHER SUBMITTED THAT MATTER MAY BE RES TORED TO LD. CIT(A) TO DECIDE IT ON MERIT. THE LD. DEPARTMENTAL REPRESENT ATIVE RELIED ON ORDER OF AUTHORITIES BELOW. ITA NO. 6271/M/10 2 3. ON CONSIDERATION OF SUBMISSION OF LD. REPRESENTA TIVES OF THE PARTIES AND ORDERS OF AUTHORITIES BELOW, WE, IN THE INTERES T OF JUSTICE, CONSIDER IT PRUDENT TO SET ASIDE EX PARTE ORDER OF LD. CIT(A) A ND RESTORE IT TO THE FILE OF LD. CIT(A) WITH A DIRECTION TO DECIDE THE SAME ON M ERIT AFTER GIVING DUE OPPORTUNITY OF HEARING TO PARTIES. HENCE, WE SET A SIDE THE ORDER OF LD. CIT(A) AND RESTORE IT TO HIM TO DECIDE THE SAME AFTER CONS IDERING SUCH EVIDENCES AS MAY BE PLACED BEFORE HIM AND AFTER GIVING DUE OPPOR TUNITY OF HEARING TO BOTH PARTIES IN ACCORDANCE WITH LAW. THEREFORE, GROUND OF APPEAL TAKEN BY ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 4. IN THE RESULT, APPEAL FILED BY ASSESSEE IS ALLOWE D FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING I.E. ON 14TH OF NOVEMBER, 2011 SD/- SD/- ( T.R. SOOD) (B.R. MITTAL ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 14 TH NOVEMBER, 2011 RJ COPY TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT-CONCERNED 4. THE CIT(A)-CONCERNED 5. THE DR E BENCH TRUE COPY BY ORDER ASSTT. REGISTRAR, I.T.A.T, MUMBAI