HDFC BANK LTD. (AS SUCCESSOR OF LORD KRISHNA BANK), MUMBAI V. ASSTT. CIT -CIRCLE-2(3)(1), MUMBAI

ITA 753/MUM/2021

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 5702 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-03-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: H
• Assessment Year: 2005-2006
• Appeal Filed On: 09-05-2021
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Section: 143(3); 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL "H" BENCH, MUMBAI SHRI PRAMOD KUMAR, VICE PRESIDENT SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER ITA No. 753/MUM/2021 (ASSESSMENT YEAR: 2005-06) HDFC Bank Ltd. (As a successor in amalgamation to Centurion Bank of Punjab Ltd. which in turn is a successor in amalgamation to Lord Krishna Bank Ltd.), HDFC Bank House, Senapati Bapat Marg, Lower Parel, Mumbai - 400013 [PAN: AAACH2702H] Assistant Commissioner of Income Tax, Circle 2(3)(1), Mumbai, Room No. 552, Aayakar Bhavan, 5 th Floor, Churchgate, Mumbai - 400020 .................. Vs ................... Appellant Respondent Appearances For the Respondent/ Assessee For the Appellant/Department : Shri Yogesh Thar (AR) Shri Tejinder Pal Singh Anand (DR) Date of conclusion of hearing Date of pronouncement of order : : 15.02.2022 30.03.2022 O R D E R Per Rahul Chaudhary, Judicial Member: 1. By way of the present appeal the Appellant/Assessee has challenged the order, dated 16.03.2021, passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC) [hereinafter referred as „the CIT(A)‟] under Section 250 of the Income Tax Act, 1961 [hereinafter referred as „the Act‟] in appeal [CIT(A), Kochi- 2/10062/2007-08] for the assessment year 2005-06, whereby the CIT(A) had dismissed the appeal filed by the Assessee ex-parte. ITA. No. 753/Mum/2021 Assessment Year: 2005-06 2 2. Brief facts of the case are that Lord Krishna Bank, a public limited company engaged in banking business, was assessed to tax vide order 31.12.2007 passed under Section 143(3) of the Act. Since Lord Krishna Bank Limited was merged with Centurial Bank of Punjab Limited, appeal before CIT(A) was filed in the name of Centurion Bank of Punjab Limited. This appeal has been disposed off ex-parte by the CIT(A) vide the order impugned in present appeal. 3. Meanwhile, Centurion Bank of Punjab Limited has been merger with HDFC Bank Limited, and therefore, the appeal before us has been filed in the name of HDFC Bank Limited as successor in amalgamation to Centurion Bank Limited which in turn was successor in amalgamation to Lord Krishna Bank. 4. When the matter was called for hearing, the Ld. Authorized Representative for the Appellant, at the outset, made a submission that the case be remitted back to the CIT(A) for disposing off the issues on merits as the appeal before CIT(A) has been disposed of ex-parte. He submitted that the Appellant herein had not received any communication or notice in respect of the said appeal before CIT(A) in physical form at its registered office, or through any e-mail before 20 th November, 2020. However, the order passed by the CIT(A), states that adequate opportunity had been given before 20.11.2020 (i.e. date from which appeal functions became faceless). Even the notice, dated 08.01.2021, was not communicated to the Appellant either at registered office address or on the e-mail ID registered with the Income Tax Department. The submissions of the Ld. Authorized Representative of the Appellant are supported by the affidavit of the Head, Direct Tax of the Appellant. In reply, Ld. Departmental Representative relied upon the order of CIT(A) to submit that sufficient opportunity was granted to the Appellant. ITA. No. 753/Mum/2021 Assessment Year: 2005-06 3 5. We have perused the order of CIT(A) and the affidavit filed by the Appellant herein. Perusal of the order passed by the CIT(A) shows that all issues have been decided summarily in one paragraph which reads as under: “7. After having considered the material on record, including the grounds of appeal, the statement of facts, the assessment order and the Law on all the 14 issues agitated by the appellant I find no merit in the contentions of the appellant. I find that all the additions made on account of 14 issues and such additions totaling to Rs. 15,19,57,760/- have been lawfully made. I, therefore, confirm all the additions made in the assessment order.” 6. The appellant herein is a public limited company engaged in banking business, and is in appeal before us as successor in interest/amalgamation. We are of the view that it would be in the interest of justice to remitted the matter to the CIT(A) with the direction to dispose of the appeal after giving the Appellant herein sufficient opportunity to present his case as per applicable law. It is ordered accordingly. The present appeal stands disposed off with the aforesaid directions. 7. The appeal is allowed for statistical purposes. Order pronounced on 30.03.2022. Sd/- Sd/- (Pramod Kumar) Vice President (Rahul Chaudhary) Judicial Member म ुंबई Mumbai; दिन ुंक Dated : 30/03/2022 Alindra, PS ITA. No. 753/Mum/2021 Assessment Year: 2005-06 4 आदेश की प्रतितिति अग्रेतिि/Copy of the Order forwarded to : 1. अपील र्थी / The Appellant 2. प्रत्यर्थी / The Respondent. 3. आयकर आय क्त(अपील) / The CIT(A)- 4. आयकर आय क्त / CIT 5. दिभ गीय प्रदिदनदि, आयकर अपीलीय अदिकरण, म ुंबई / DR, ITAT, Mumbai 6. ग र्ड फ ईल / Guard file. आिेश न स र/ BY ORDER, सत्य दपि प्रदि //True Copy// उप/सह यक पुंजीक र /(Dy./Asstt. Registrar) आयकर अपीलीय अदिकरण, म ुंबई / ITAT, Mumbai