PRADHAN PROPERTIES P. LTD ( NOW KNOWN AS RATNAPRIYA HOLDINGS & ESTATE DEVELOPERS P.LTD), MUMBAI V. DCIT 1(2), MUMBAI

ITA 7084/MUM/2011

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 75396 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 2 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-01-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 15-01-2014
• Assessment Year: 2005-2006
• Appeal Filed On: 19-10-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PARMINDER KOUR
• Assessee Lawyers: S C TIWARI; NATASHA MANGAT
• Keywords: Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER ./I.T.A. NO.7084/M/2011 ( / ASSESSMENT YEAR: 2005 - 2006 ) M/S. PRADHAN PROPERTIES PVT. LTD, (NOW KNOWN AS RAT NAPRIYA HOLDINGS & ESTATE DEVELOPERS PVT. LTD), DEVIDAS MANSION, 3 RD FLOOR, MERRY WHEATHER ROAD, APPOLLO BUNDER, COLABA, MUMBAI - 400 030. / VS. DCIT, CIRCLE - 1(2), MUMBAI. ./ PAN : AACCP 0817 F ( / APPELLANT) .. ( / RESPONDENT ) / APPELLANT BY : SHRI S.C. TIWARI & SMT. NATASHA MANGAT / RESPONDENT BY : SMT. PARMINDER KOUR, DR / DATE OF HEARING : 15.1.2014 / DATE OF PRONOUNCEMENT : 15 .1.2014 / O R D E R PER D. KARUNAKARA RAO, AM: THIS APPEAL FILED BY THE ASSESSEE ON 19.1.2011 IS AGAINST THE ORDER OF THE CIT (A) - 1, MUMBAI DATED 24.8.2011 FOR THE ASSESSMENT YEAR 2005 - 2006. 2. AT THE OUTSET SHRI S.C. TIWARI, LD COUNSEL FOR THE ASSESSEE MENTIONED THAT THIS APPEAL IS REQUIRED TO BE REMANDED TO THE FILES OF THE AO FOR F RESH EXAMINATION AND DECISION IN THE MATTERS RELATING TO THE ADDITIONS MADE BY THE A O. TO SUPPORT THE SAME, LD COUNSEL BROUGHT OUR ATTENTION TO THE DISCUSSION GIVEN IN PARA 3.3 OF THE ASSESSMENT ORDER AND MENTIONED THAT THE ADDITION WAS EVENTUALLY MADE WITHOUT GRANTING THE BENEFIT OF CROSS EXAMINATION WITH SHRI NARENDRA SHAH, THE DIRECTO R OF THE COMPANY. FURTHER, LD COUNSEL MENTIONED THAT THE ASSESSEE APPEARED BEFORE THE AO ON 16.12.2010 BUT COULD NOT ATTEND ON 17.12.2010 AS REQUIRED BY THE AO AND THE ADJOURNMENT WAS DONE BY THE AO FOR THE REASONS BETTER KNOWN TO HIM BUT THE 2 FACT THAT TH E CROSS EXAMINATION WAS NOT COMPLETED WAS HIGHLIGHTED BY THE LD COUNSEL BEFORE US AND SOUGHT FOR REMANDING THE MATTER FOR COMPLETING THE INCOMPLETE PROCEEDINGS OF THE AO. ON THE REOPENING OF THE ASSESSMENT, WHICH IS RAISED IN GROUND NO.1 OF THE APPEAL, LD COUNSEL RELIED ON THE REASONING MENTIONED IN THE GROUND ITSELF. THE ISSUE RELATING TO THE VALIDITY OF REASSESSMENT WAS NOT DISCUSSED IN THE ASSESSMENT ORDER DATED 22.10.2010. CONSIDERING THE ABOVE, WE ARE OF THE OPINION THAT THE MATTER SHOULD BE REMANDE D TO THE FILES OF THE AO FOR ADJUDICATING THE MATTER AFRESH AFTER PROVIDING A REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. ACCORDINGLY, GROUNDS RAISED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. 3. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PRUPSOES. ORDER PRON OUNCED IN THE OPEN C OURT ON 1 5 T H JANUARY, 2014. S D / - S D / - (VIJAY PAL RAO) (D. KARUNAKARA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; 15 .1 .2014 . . ./ OKK , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI