SHIVASSA APPARELS, MUMBAI V. ASST CIT WD 20(3), MUMBAI

ITA 7087/MUM/2010

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 4028 (ITAT-MUMBAI)
• Duration Of Justice: 5 year(s) 6 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-04-2016
• Appeal Filed By: Assessee
• Bench Allotted: E
• Next Hearing Date: 08-04-2015
• Assessment Year: 2005-2006
• Appeal Filed On: 13-10-2010
• Court: TRIBUNAL
• Department Lawyers: A K NAYAK
• Keywords: Opportunity of being heard
• Section: 80IB; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI B.R. BASKARAN (AM) & SHRI AMARJIT SINGH (JM) I.T.A. NO. 7087 /MUM/ 2010 (ASSESSMENT YEAR 2005 - 06 ) M/S. SHIVASSA APPARELS M/S. SARAF & CHANDRA, CHARTERED ACCOUNTANTS BHARAT INS. BUILDIN G 3 RD FLOOR 15 - A, HORMIMAN CIRCLE FORT, MUMBAI - 400 001. VS. ACIT WARD - 20(3) PIRAMAL CHAMBERS R.NO. 506 LAL BAUG, PAREL MUMBAI - 400 012. ( APPELLANT ) ( RESPONDENT ) PAN NO. AAUFS9219F ASSESSEE BY NONE DEPARTMENT BY SHRI A.K. NAYAK DATE OF HEARING 6.4 . 201 6 DATE OF PRONOUNCEMENT 6 .4 . 201 6 O R D E R PER B.R. BASKARAN, A M : - THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 16.7.2010 PASSED BY LEARNED CIT(A) - 31, MUMBAI AND IT RELATES TO A.Y. 2005 - 06. 2. THE ASSESSEE IS AG GRIEVED BY THE DECISION OF LEARNED CIT(A) IN CONFIRMING THE REJECTION OF DEDUCTION CLAIMED U/S. 80IB OF THE ACT IN AN EX - PARTE ORDER PASSED U/S. 144 OF THE ACT. 3. NONE APPEARED ON BEHALF OF THE ASSESSEE EVEN THOUGH; ADJOURNMENT WAS GRANTED ON THE LAST OC CASION AT THE REQUEST OF THE ASSESSEE. HENCE WE PROCEED TO DISPOSE OF THE APPEAL EX - PARTE, WITHOUT PRESENCE OF THE ASSESSEE. 4. WE HAVE HEARD LEARNED DEPARTMENTAL REPRESENTATIVE AND PERUSED THE RECORD. IN THE GROUNDS OF APPEAL THE ASSESSEE HAS TAKEN A PL EA THAT IT COULD NOT PRODUCE THE RECORDS TO SUPPORT THE DEDUCTIONS CLAIMED BY IT ON THE REASON M/S. SHIVASSA APPARELS 2 THAT THE RECORDS ARE KEPT WITH AN ARBITRATOR. WE NOTICE THAT LEARNED CIT(A) HAS NOT TAKEN INTO CONSIDERATION THIS FACTUAL ASPECT. WHEN LEARNED DEPARTMENTAL REPRE SENTATIVE WAS ASKED ABOUT THE RESULT OF ARBITRATION, HE EXPRESSED HIS IGNORANCE ABOUT IT. SINCE THE ASSESSEE HAS PLEADED THAT THE RECORDS ARE WITH ARBITRATOR AND SINCE RESULT OF ARBITRATION IS NOT KNOWN, WE ARE OF THE VIEW THAT THE ASSESSEE SHOULD BE PROVI DED ONE MORE OPPORTUNITY TO CONTEND ITS CLAIM BEFORE LEARNED CIT(A), AS THERE IS POSSIBILITY THAT THE ASSESSEE WOULD HAVE OBTAIN ED THE RECORDS BY THIS TIME. ACCORDINGLY, WE SET ASIDE THE ORDER OF LEARNED CIT(A) AND RESTORE ALL THE ISSUES TO HIS FILE WITH T HE DIRECTION TO ADJUDICATE ALL THE ISSUES AFRESH AFTER AFFORDING NECESSARY OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. 5. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER HAS BEEN PRONOU NCED IN THE OPEN COURT ON 6 .4 .2016 . SD/ - SD/ - (AMARJIT SINGH ) (B.R.BASKARAN ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 6 / 4 /20 1 6 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RE SPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( DY./ASSTT. REGISTRAR) ITAT, MUMBAI PS