PRASHANT S. SHETH, MUMBAI V. ITO 16(3)(1), MUMBAI

ITA 868/MUM/2009

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 49152 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-06-2011
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Next Hearing Date: 07-06-2011
• Assessment Year: 2002-2003
• Appeal Filed On: 09-02-2009
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: P ARTH SARATHI NAIK
• Assessee Lawyers: PRAKASH K JOTWANI
• Keywords: Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH C,MUMBAI BEFORE SHRI R.S. SYAL (AM) & SHRI VIJAY PAL RAO (J M) I.T.A.NO.868/MUM/2009 (A.Y. 2002-03) SHRI PRASHANT S. SHETH, PRASHANT PAPER MART, 114/D-1A, 1 ST PARSIWADA LANE, C.P. TANK, V.P.ROAD, MUMBAI-400 004. PAN:AACPS6620A VS. INCOME-TAX OFFICER-16(3)(1), AAYKAR BHAVAN, M.K.ROAD, MUMBAI-400 020. APPELLANT RESPONDENT APPELLANT BY SHRI PRAKASH K. JOTWANI. RESPONDENT BY SHRI P ARTH SARATHI NAIK. O R D E R PER R.S. SYAL, AM : THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDE R PASSED BY THE CIT(A) ON 18-11-2008 UPHOLDING PENALTY OF RS.11,47,062/- I MPOSED BY THE AO U/S.271(1)(C) OF THE ACT IN RELATION TO THE ASSTT. YEAR 2002-03. 2. SHORN OF UNNECESSARY DETAILS, IT IS NOTICED THAT THE IMPUGNED ORDER HAS BEEN PASSED EX PARTE DISMISSING THE APPEAL OF THE ASSESSEE. AT THE VERY OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT ADE QUATE OPPORTUNITY OF HEARING WAS NOT GRANTED BY THE LD. CIT(A), AS A RESULT OF W HICH THE ASSESSEE COULD NOT LEAD PROPER EVIDENCE IN SUPPORT OF HIS CASE. IT WAS , THEREFORE, PRAYED THAT ONE MORE OPPORTUNITY BE GRANTED TO THE ASSESSEE TO PUT FORWARD HIS CASE. NO SERIOUS OBJECTION WAS TAKEN BY THE LD. D.R. ITA NO.868/M/2009 PRASHANAT S.SHETH 2 3. WITHOUT GOING INTO THE MERITS OF THE CASE AND CONSIDERING ALL THE ATTENDING FACTS, WE ARE OF THE CONSIDERED OPINION THAT THE EN DS OF JUSTICE WOULD ADEQUATELY MEET IF THE IMPUGNED ORDER IS SET ASIDE AND THE MAT TER IS RESTORED TO THE FILE OF LD. CIT(A). WE ORDER ACCORDINGLY AND REQUIRE HIM TO DISPOSE OF THE APPEAL AFRESH AS PER LAW AFTER ALLOWING A REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. 4. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATIST ICAL PURPOSES. ORDER PRONOUNCED ON THE 10TH DAY OF JUNE, 20 11. SD/- SD/- (VIJAY PAL RAO) (R.S. SYAL) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI: 10TH JUNE , 2011. NG: COPY TO : 1. ASSESSEE. 2. DEPARTMENT. 3 CIT(A)-XVII,,MUMBAI. 4 CIT-16,MUMBAI. 5.DR,C BENCH,MUMBAI. 6.MASTER FILE. (TRUE COPY) BY ORDER, ASST.REGISTRAR, ITAT, MUMBAI. ITA NO.868/M/2009 PRASHANAT S.SHETH 3 DETAILS DATE INITIALS DESIGN ATION 1. DRAFT DICTATED ON 07-06-11 SR.PS/ 2. DRAFT PLACED BEFORE AUTHOR 08-06-11 SR.PS/ 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/ 6. KEPT FOR PRONOUNCEMENT ON SR.PS/ 7. FILE SENT TO THE BENCH CLERK SR.PS/ 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9. DATE ON WHICH FILE GOES TO THE AR 10. DATE OF DISPATCH OF ORDER *