SANGHVI BROTHER5S BROKERAGE LTD, MUMBAI V. ACIT 4(2), MUMBAI

ITA 6898/MUM/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 8963 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 1 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-01-2017
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: E
• Assessment Year: 2010-2011
• Appeal Filed On: 12-11-2014
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: BEENA SANTOSH
• Assessee Lawyers: K C MEHTA
• Keywords: Principle of natural justice

Judgement Text

, , , , INCOME-TAX APPELLATE TRIBUNAL EBENCH M UMBAI , , BEFORE S/SH. RAJENDRA,ACCOUNTANT MEMBE R & PAWAN SINGH, JUDICIAL MEMBER ./I.T.A./6898/MUM/2014, /ASSESSMENT YEAR: 2010-11 SANGHVI BROTHERS BROKERAGE LTD. 1ST FLOOR, VESTA B-90 FEET ROAD, PANTNAGER, GHATKOPAR (E) MUMBAI-400 075. VS. ACIT- RANGE-4(2) MUMBAI. ( /APPELLANT ) ( / RESPONDENT) REVENUE BY: MS.BEENA SANTOSH -DR ASSESSEE BY: SHRI K.C. MEHTA / DATE OF HEARING: 11.01.2017 / DATE OF PRONOUNCEMENT: 11.01.2017 ,1961 254(1) ORDER U/S.254(1)OF THE INCOME-TAX ACT,1961(ACT) PER RAJENDRA,AM - CHALLENGING THE ORDER,DATED 23/09/2014 OF THE CIT(A )-8,MUMBAI THE ASSESSEE HAS FILED THE PRESENT APPEAL.ASSESSEE,A SHARE AND STOCK BROKER,FI LED ITS RETURN OF INCOME ON 29/09.2010, DECLARING INCOME OF RS.1.49CRORES.THE ASSESSING OFF ICER(AO)COMPLETED THE ASSESSMENT U/S. 143(3)OF THE ACT,ON 28.02.2013,DETERMINING ITS INCO ME AT RS.1.52 CRORES MAKING CERTAIN DISALLOWANCES. 2. AGGRIEVED BY THE ORDER OF THE AO,THE ASSESSEE PREFE RRED AN APPEAL BEFORE THE FIRST APPELLATE AUTHORITY(FAA).IT FILED AN APPLICATION FO R ADJOURNING CASE DURING THE COURSE OF APPELLATE PROCEEDINGS,VIDE ITS LETTER DATED 18.09.2 014.THE FAA ADJOURNED THE MATTER TO 28. 10.2014.HOWEVER,WITHOUT INFORMING THE ASSESSEE,HE D ECIDED THE APPEAL ON 23/09/2014. UPHOLDING THE ORDER OF THE AO,HE DISMISSED THE APPE AL FILED BY IT. 3 .BEFORE US,THE AUTHORISED REPRESENTATIVE(AR)REFERRE D TO THE LETTER OF 18.09.2014 AND STATED THAT THE APPEAL WAS DECIDED WITHOUT HEARING THE ASS ESSEE.THE DEPARTMENTAL REPRESENTATIVE (DR)LEFT THE ISSUE TO THE DISCRETION OF THE BENCH. WE FIND THAT THE FAA HAD DECIDED THE APPEAL WITHOUT AFFORDING AN OPPORTUNITY OF HEARING TO THE ASSESSEE,THAT HE HIMSELF HAD ADJOURNED THE MATT ER TO 28/10/2014.IT IS A GROSS VIOLATION OF THE PRINCIPLES OF NATURAL JUSTICE.THEREFORE,IN THE INTEREST OF JUSTICE WE ARE RESTORING BACK THE MATTER TO THE FILE OF FAA FOR FRESH ADJUDICATION.HE WOULD DECIDE THE APPEAL AFTER HEARING THE ASSESSEE.EFFECTIVE GROUND OF APPEAL IS DECIDED IN F AVOUR OF THE ASSESSEE ,IN PART 6898/M/14-SANGHVI BROS. 2 AS A RESULT APPEALS FILED BY THE ASSESSEE STANDS PARTLY ALLOWED. . ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH JANUARY, 2017. 11 ,2017 SD/- SD/- ( ( ( ( /PAWAN SINGH) ( / RAJENDRA) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 11.01.2017. JV.SR.PS. / COPY OF THE ORDER FORWARDED TO : 1. APPELLANT / 2. RESPONDENT / 3. THE CONCERNED CIT(A)/ , 4. THE CONCERNED CIT / 5. DR E BENCH, ITAT, MUMBAI / , , . . 6. GUARD FILE/ //TRUE COPY// / BY ORDER, / DY./ASST. REGISTRAR , /ITAT, MUMBAI.