ZEUS HOUSING & CONSTRUCTION LTD, MUMBAI V. DCIT RG 7(3), MUMBAI

ITA 632/MUM/2016

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 7948 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-12-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2010-2011
• Appeal Filed On: 08-02-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAM TIWARI LD
• Keywords: Opportunity of being heard

Judgement Text

ITA NO.632/MUM/2016 ZEUS HOUSING & CONSTRUCTION LIMITED ASSESSMENT YEAR-2010-11 I N THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI . . , , BEFORE SHRI D.T. GARASIA, JM AND SHRI MANOJ KUMAR AGGARWAL, AM ./I.T.A. NO.632/MUM/2016 ( / ASSESSMENT YEAR: 2010-11) ZEUS HOUSING & CONSTRUCTION LIMITED 7/49, SURYA SADAN SION MAIN ROAD, SION MUMBAI-400 022 / VS. DEPUTY COMMISSIONER OF INCOME TAX RANGE 7(3) INFRONT OF ROOM NO. 12, OPEN SPACE, A WING 3 RD FLOOR, MITTAL COURT NARIMAN POINT MUMBAI- 400 021 ./ ./PAN/GIR NO. AABCL-0319-D ( ' /APPELLANT ) : ( #$ ' / RESPONDENT ) A SSESSEE BY : NONE RE VENUE BY : RAM TIWARI, LD. SR.DR / DATE OF HEARING : 27/11/2017 / DATE OF PRONOUNCEMENT : 13/12 /2017 / O R D E R PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. THE CAPTIONED APPEAL BY ASSESSEE FOR ASSESSMENT YEAR [AY] 2010-11 ASSAILS THE ORDER OF THE LD. COMMISSIONER O F INCOME-TAX (APPEALS)-14 [CIT(A)], MUMBAI, APPEAL NO.CIT(A)-14/IT-201/13-14 DATED 31/12/2015 BY RAISING THE FOLLOWING EFFECTIVE GROUN D OF APPEAL:- ITA NO.632/MUM/2016 ZEUS HOUSING & CONSTRUCTION LIMITED ASSESSMENT YEAR-2010-11 2 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE AND IN LAW, THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) HAS NOT CALLED FOR AND GIVEN OPPORTUNITY TO SUBMIT DOCUMENTARY EVIDENCE FOR SICKNESS OF DIRE CTOR TO JUSTIFY THE DELAY IN FILING AN APPEAL AND ERRED IN DISMISSING AND NOT AD MITTING THE APPEAL FILED ON GROUNDS OF DOCUMENTARY SUPPORT FOR DELAY. THE ASSESSMENT FOR THE IMPUGNED AY WAS FRAMED U/S 1 43(3) OF THE INCOME TAX ACT BY LD. DEPUTY COMMISSIONER OF INCOME TAX RANGE 7(3) ON 15/03/2013. NONE HAS APPEARED FOR ASSESSEE DESPI TE NOTICE AND NO ADJOURNMENT APPLICATION IS ON RECORD. HENCE, LEFT W ITH NO OPTION, WE PROCEED TO DISPOSE-OFF THE SAME ON THE BASIS OF MAT ERIAL AVAILABLE ON RECORD AND AFTER HEARING THE LD. DEPARTMENTAL REPRE SENTATIVE [DR]. 2. BRIEFLY STATED THE ASSESSE BEING RESIDENT CORPORATE ASSESSEE ENGAGED IN CONSTRUCTION AND DEVELOPMENT WAS ASSESSED FOR IMPUGNED AY AT RS.209.36 LACS AFTER CERTAIN ADDITIONS AS AGA INST RETURNED INCOME OF RS.3.95 LACS WHICH WAS LATER REVISED TO RS.132.1 6 LACS PURSUANT TO A SURVEY ACTION U/S 133A. THE ASSESSEE CONTESTED THE ADDITIONS WITHOUT ANY SUCCESS BEFORE LD. CIT(A) VIDE IMPUGNED ORDER DATED 31/12/2015 WHERE THE APPEAL GOT DISMISSED SINCE THE SAME WAS F ILED WITH A DELAY OF 20 DAYS AND THE ASSESSEE COULD NOT EXPLAIN THE DELA Y WITH DOCUMENTARY EVIDENCES. AGGRIEVED THE ASSESSEE IS IN FURTHER APP EAL BEFORE US. 3. THE LD. DR PLEADED THAT THE ASSESSEE WAS NEGLIGE NT IN PURSUING THE APPEAL BEFORE LD. CIT(A) WHICH RIGHTLY RESULTED INTO DISMISSAL OF THE APPEAL. ALTHOUGH, WE CONCUR WITH THE SAME SINCE THE ASSESSEE HAS AGAIN FAILED TO APPEAL BEFORE US, YET JUSTICE DEMAN DS THAT THE ASSESSEE IS PROVIDED WITH ANOTHER OPPORTUNITY OF BEING HEARD TO SUBSTANTIATE HIS CLAIM. THEREFORE, WE DEEM IT FIT TO RESTORE THE MAT TER BACK TO THE FILE OF LD. CIT(A) TO RE-CONSIDER THE ASSESSEES CLAIM ON L EGAL GROUNDS AS WELL ITA NO.632/MUM/2016 ZEUS HOUSING & CONSTRUCTION LIMITED ASSESSMENT YEAR-2010-11 3 AS ON MERITS. THE ASSESSEE, IN TURN, IS DIRECTED TO EXPLAIN THE DELAY IN FILING THE APPEAL AND ALSO SUBSTANTIATE HIS CLAIM O N MERITS FORTHWITH FAILING WHICH THE LD.CIT(A) SHALL BE AT LIBERTY TO DISPOSE- OFF THE SAME ON THE BASIS OF MATERIAL AVAILABLE ON RECORD. 4. RESULTANTLY, THE ASSESSEES APPEAL STANDS ALLOWE D FOR STATISTICAL PURPOSES . ORDER PRONOUNCED IN THE OPEN COURT ON 13 TH DECEMBER, 2017 SD/- SD/- (D.T. GARASIA) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 13 .12.2017 SR.PS:- THIRUMALESH / COPY OF THE ORDER FORWARDED TO : 1. ' / THE APPELLANT 2. #$ ' / THE RESPONDENT 3. + ( ) / THE CIT(A) 4. + / CIT CONCERNED 5. #&- , - , / DR, ITAT, MUMBAI 6. . / GUARD FILE / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI