SHRI. RAJESH NANJI GALA, MUMBAI V. ACIT 12 (1)(1), MUMBAI

ITA 6918/MUM/2019

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 9205 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 11 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-11-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2016-2017
• Appeal Filed On: 10-11-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIVEK PERAMPURNA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “SMC”, MUMBAI BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT ITA NO. 6918/MUM/2019 : A.Y : 2016-17 Rajesh Nanji Gala Flat No. 2502, Mahindra Aspen, S.V. Road, Nr. Patkar College, Goregaon (W), Mumbai 400 062. PAN : AABPG9904C (Appellant) Vs. Asstt. Commissioner of Income Tax – 12(1)(1), Mumbai. (Respondent) Appellant by : Ms. Reepal Tralshwala Respondent by : Shri Vivek Perampurna Date of Hearing : 28/10/2021 Date of Pronouncement : 05/11/2021 O R D E R This appeal by the assessee is arising out of the order of Commissioner of Income Tax (Appeals)-20, Mumbai (in short ‘CIT(A)’) in Appeal No. CIT(A)-20/ IT-10256/2018-19 dated 29.08.2019. The assessment was framed by Asstt. Commissioner of Income Tax – 12(1)(1), Mumbai for Assessment Year 2016-17 vide his order dated 19.12.2018 under Section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’). 2. At the outset, the learned counsel for the assessee stated that the order passed by the CIT(A) is ex parte order and assessee was never allowed opportunity of being heard as the CIT(A) had issued three notices on a wrong address. The learned counsel for the assessee filed copies of notices issued by 2 ITA No. 6918/Mum/2019 Rajesh Nanji Gala the CIT(A) at pages 60 to 62 of the Paper Book and also drew my attention to Form no. 35 filed at page 47 of Paper Book wherein the address is mentioned to which notice is to be sent. The address mentioned in Form no. 35 is different than that mentioned in the notices issued by CIT(A). Hence, assessee was not aware of any notices for fixation of the appeal. In view of the above, the learned counsel stated that the matter can be restored back to the file of the CIT(A) for afresh adjudication. When these facts were confronted to the learned Sr. DR, he could not controvert the above situation. 3. After hearing the rival contentions and going through the facts and circumstances of the case, I deem it fit and proper to set aside the order of CIT(A) and remand the matter back to his file for afresh adjudication. Needless to say, the CIT(A) will allow reasonable opportunity of being heard to the assessee and also send notice on the correct address mentioned in Form no. 35. 4. In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 5 th November, 2021. Sd/- (MAHAVIR SINGH) VICE PRESIDENT Mumbai, Date : 5 th November, 2021 *SSL* 3 ITA No. 6918/Mum/2019 Rajesh Nanji Gala Copy to : 1) The Appellant 2) The Respondent 3) The CIT(A) concerned 4) The CIT concerned 5) The D.R, “SMC” Bench, Mumbai 6) Guard file By Order Dy./Asstt. Registrar/Sr. PS I.T.A.T, Mumbai