SHRINIWAS GANGADHAR MITTAPALLI, MUMBAI V. ITO 18(1)(3), MUMBAI

ITA 6758/MUM/2012

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 3157 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 9 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-09-2016
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: E
• Next Hearing Date: 01-09-2016
• Assessment Year: 2004-2005
• Appeal Filed On: 05-11-2012
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: BEENA SANTOSH
• Keywords: Depreciation; Opportunity of being heard
• Section: 143(3); 80IB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH , MUMBAI BEFORE SRI MAHAVIR SINGH, J M AND SRI B. R. BASKARAN, AM ITA NO . 6758 /MUM/201 2 (A.Y: 2004 - 05 ) SHRI SHRINIWAS GANGADHAR MITTAPLLI, ROOM NO.69, BDD CHAWL NO.85, A DHONDAJI BABA NARAYAN NAYAK MARG, WORLI , MUMBAI 400 018 PAN: AIWPM 7694 J VS. THE INCOME TAX OFFICER, WARD 18(1)(3), MUMBAI APPELLANT .. RESPONDENT APPELLANT BY .. NONE RESPONDENT BY .. MS. BEENA SANTOSH, DR DATE OF HEARING .. 01 - 09 - 2016 DATE OF PRONOUNCEMENT .. 01 - 0 9 - 2016 O R D E R PER MAHAVIR SINGH , JM : THIS APPEAL BY THE ASSESSEE IS ARISING OUT OF ORDER OF CIT ( A) - 2 9, MUMBAI IN PEAL NO. CIT (A) - 2 9 / RG - 18 / 17/ 10 - 11 DATED 19 - 07 - 2012. ASSESSMENT WAS FRAMED BY AO U/S 143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER THE ACT) FOR T HE ASSESSMENT YEAR 2004 - 05 VIDE HIS ORDER DATED 31 - 12 - 2007 . PENALTY UND ER DISPUTE WAS LEVIED BY IT O , WARD - 18(1) , MUMBAI U/S. 271(1) (C ) OF THE ACT VIDE HIS ORDER 30 - 03 - 2010 . 2. THE ONLY ISSUE IN THIS APPEAL OF ASSESSEE IS AGAINST THE ORDER OF THE CIT ( A) CONFIRMING THE LEVY OF PENALTY U/S. 271(1) (C) OF THE ACT . 3. AT THE OUTSET, IT IS NOTICED THAT THE CIT (A) HAS DEALT WITH ONLY ONE ISSUE OF THE CLAIM OF DEDUCTION U/S 80 IB OF THE ACT WHILE CONFIRMING LEVY OF PENALTY; WHEREAS THERE WERE THE FOLLOWING F OUR ADDITIONS: - A) UNEXPLAINED LOANS RS.1,96,000/ - B) EXCESS DEPRECIATION CLAIMED RS.1,61,145/ - C) LOW WITHDRAWALS RS. 76,000/ - D) 80IB CLAIM RS.7,03,150/ - 4. WE ALSO NOTICED THAT THE CIT (A) PASSED A NON - SPEAKING ORDER WITHOUT AFFORDING O PPORTUNITY OF BEING HEARD TO THE ASSESSEE. FIRST OF ALL, THE ASSESSEE ITA NO. 6758 /MUM/20 1 2 2 SHOULD HAVE BEEN HEARD AND THE ORDER OF THE CIT (A) SHOULD NOT HAVE BEEN EX - PARTE. EVEN OTHERWISE, ON MERIT ALSO THE CIT (A) HAS NOT ADJUDICATED ANY OF THE ISSUE BY GIVING ANY REASON. IN TERMS OF THE ABOVE, WE SET ASIDE THE ORDER OF THE CIT (A) AND RESTORE THE MATTER BACK TO THE FILE OF THE CIT (A) FOR FRESH ADJUDICATION AFTER AFFORDING ADEQUATE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE IN ACCORDANCE WITH LAW. 5. IN THE RESULT, THE APP EAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 01 - 09 - 2016 . BY ORDER, ASSISTANT REGISTRAR ITAT, MUMBAI SR.NO. PARTICULARS DATE INITIALS MEMBER CONCERNED 1 DICTATION GIVEN ON 06 /09/16 LK DEKA JM 2 DRAF T PLACED BEFORE AUTHOR 07/09/16 3 DRAFT PROPOSED/PLACED BEFORE THE SECOND MEMBER 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 5 APPROVED DRAFT COMES TO THE SR.PS 6 KEPT FOR PRONOUNCEMENT ON 7 FILE SENT TO THE BENCH CLERK 8 DATE ON WH ICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER SD/ - (B. R. BASKARAN) ACCONTANT MEMBER MUMBAI, DATED: 01 - 09 - 2016 LAKSHMIKANTA DEKA/SR.PS SD/ - ( MAHAVIR SINGH ) JUDICIAL MEMBER COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT (A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//