INDIACO VENTURES LTD, MUMBAI V. DCIT 3(3), MUMBAI

ITA 7427/MUM/2014

• Counselvise Citation: 742719914 RSA 2014
• Duration Of Justice: 5 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-05-2015
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: I
• Next Hearing Date: 21-05-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 12-12-2014
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: KISHAN VYAS
• Assessee Lawyers: HETAL PANCHAL

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES I MUMBAI . . , / BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER /AND . , SHRI D.KARUNAKARA RAO, ACCOUNTANT MEMBER . / ITA NO.7427/MUM/2014 / ASSESSMENT YEAR 2008-09 INDIACO VENTURES LTD. C/O. KHANDELWAL & ASSOCIATES, 404-407, PROSPECT CHAMBERS, 317, DN ROAD, FORT, MUMBAI 400 020 / VS. DY. COMMISSIONER OF INCOME TAX 3(3), AAYKAR BHAVAN, MK ROAD, MUMBAI 400 020 ./ ./ PAN/GIR NO. :AAACS 9367H ( / APPELLANT ) .. ( / RESPONDENT ) APPELLANT BY MS. HETAL PANCHAL RESPONDENT BY SHRI KISHAN VYAS ' # $ / DATE OF HEARING : 21/05/2015 ' # $ / DATE OF PRONOUNCEMENT : 21/05/2015 / O R D E R PER I.P.BANSAL, J.M: THIS IS AN APPEAL FILED BY THE ASSESSEE AND IT IS DIRECTED AGAINST THE ORDER PASSED BY LD. CIT(A)-7, MUMBAI DATED 27/06/2014 FOR ASSESSMENT YEAR 2008- 09. 2. GROUNDS OF APPEAL FILED WITH THE APPEAL ARE LENG THY. HOWEVER, IT IS THE MAIN GRIEVANCE OF THE ASSESSEE THAT LD. CIT(A) HAS COMMITTED AN ERROR IN DISMISSING THE APPEAL FILED BY THE ASSESSEE ON ACCO UNT OF NON-COMPLIANCE OF VARIOUS NOTICES TO ATTEND THE APPELLATE PROCEEDING S. IT WAS SUBMITTED THAT LD. . / ITA NO.7427/MUM/2014 / ASSESSMENT YEAR 2008-09 2 CIT(A) WITHOUT GOING INTO THE MERITS OF THE GROUND S RAISED HAS DISMISSED THE APPEAL FILED BY THE ASSESSEE AS UN-ADMITTED FOR WAN T OF PROSECUTION. IT WAS SUBMITTED THAT NO SUCH POWER HAS BEEN VESTED ON TH E LD. CIT(A) AS ACCORDING TO PROVISIONS OF LAW LD. CIT(A) IS REQUIRED TO DECI DE THE APPEAL FILED BY THE ASSESSEE ON MERITS. REFERENCE IN THIS REGARD WAS M ADE TO THE DECISION OF AHMEDABAD ITAT IN THE CASE OF GUJARAT THEMIS BIOSYN LTD. VS JOINT COMMISSIONER OF INCOME TAX , 74 ITD 339 (AHD), WHEREIN IT HAS BEEN HELD THAT IT IS OBLIGATORY FOR LD. CIT(A) TO PASS A SPEA KING ORDER STATING POINTS RAISED IN APPEAL, HIS DECISION THEREON AND REASON FOR SUCH DECISION. THUS, IT WAS HELD THAT IT IS NOT POSSIBLE FOR LD. CIT(A) TO DISMISS T HE APPEAL IN-LIMINE. THE MANDATE OF LAW MAKES IT VERY CLEAR THAT LD. CIT(A) HAS DULY BOUND TO DECIDE THE ISSUE ON MERITS. THUS, IT WAS PLEADED THAT TH E MATTER MAY BE RESTORED TO THE FILE OF LD. CIT(A) AND LD. A.R OF THE ASSESSEE ASSURED THAT ASSESSEE WILL COMPLY WITH THE NOTICES ISSUED BY LD. CIT(A). 3. ON THE OTHER HAND, LD. DR RELIED UPON THE ORDER PASSED BY LD. CIT(A). 4. WE HAVE HEARD BOTH THE PARTIES AND THEIR CONTENT IONS HAVE CAREFULLY BEEN CONSIDERED. ACCORDING TO AFOREMENTIONED DECISION O F AHMEDABAD BENCH, CIT(A) DOES NOT HAVE POWER TO DISMISS THE APPEAL FI LED BY THE ASSESSEE IN-LIMINE ON ACCOUNT OF NON-PROSECUTION. THUS, THE ORDER PA SSED BY LD. CIT(A) SUFFERS FROM INFIRMITY AS HE HAS NOT DECIDED THE ISSUE ON M ERITS. THEREFORE, WE CONSIDER IT JUST AND PROPER TO RESTORE THIS APPEAL TO THE FILE OF LD. CIT(A) WITH A DIRECTION TO RE-ADJUDICATE THE APPEAL ON MERITS AFT ER GIVING THE ASSESSEE A REASONABLE OPPORTUNITY OF HEARING AND PLACING MATER IAL ON RECORD TO SUPPORT THE GROUNDS OF APPEAL. TO ENSURE COMPLIANCE BY THE ASSESSEE WE HAVE DIRECTED LD. AR TO APPEAR BEFORE LD. CIT(A) ON 29/06/2015, T O WHICH LD. AR HAS AGREED. ON THE SAID DATE LD. CIT(A) WOULD TAKE UP THE APPEAL FOR HEARING. WE DIRECT ACCORDINGLY. . / ITA NO.7427/MUM/2014 / ASSESSMENT YEAR 2008-09 3 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS CONSIDERED TO BE ALLOWED FOR STATISTICAL PURPOSES IN THE MANNER AFORESAID. ORDER PRONOUNCED IN THE OPEN COURT ON 21/05/201 5 ' )* + , 21/05/2015 ' SD/- SD/- ( . / D.KARUNAKARA RAO ) ( . . / I.P. BANSAL ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER ) MUMBAI; + DATED 21/05/2015 ! / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. /# ( ) / THE CIT(A)- 4. /# / CIT 5. 01 #23 , $ 23 , ) / DR, ITAT, MUMBAI 6. / GUARD FILE. / BY ORDER, 0# # //TRUE COPY// / (DY./ASSTT. REGISTRAR) , ) / ITAT, MUMBAI . . ./ VM , SR. PS