SEEMA SECURITIES P. LTD, MUMBAI V. ACIT CIR 4(2), MUMBAI

ITA 8999/MUM/2010

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 71362 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 9 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-09-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 25-09-2013
• Assessment Year: 2007-2008
• Appeal Filed On: 24-12-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUM BAI , , BEFORE SHRI SANJAY ARORA, A.M. AND SHRI AMIT SHUKL A, J.M. ./ I.T.A. NO. 8999/MUM/2010 ( / ASSESSMENT YEAR: 2007-08) SEEMA SECURITIES PVT. LTD. 723, P. J. TOWER, DALAL STREET, FORT, MUMBAI-400 023 / VS. ASST. CIT, CIRCLE 4(2), AAYKAR BHAVAN, M. K. ROAD, CHURCHGATE, MUMBAI-400 020 # ./$ ./PAN/GIR NO. AACCS 7683 Q ( #% /APPELLANT ) : ( &'#% / RESPONDENT ) #% ( / APPELLANT BY : SHRI NITESH JOSHI &'#% ) ( / RESPONDENT BY : SHRI P. K. SINGH *+ ) , / DATE OF HEARING : 25.09.2013 - ./ ) , / DATE OF PRONOUNCEMENT : 30.09.2013 / O R D E R PER SANJAY ARORA, A. M.: THIS IS AN APPEAL BY THE ASSESSEE AGITATING THE ORD ER BY THE COMMISSIONER OF INCOME TAX (APPEALS)-8, MUMBAI (CIT(A) FOR SHORT) DATED 11.11.2010, DISMISSING IN LIMINE THE ASSESSEES APPEAL CONTESTING ITS ASSESSMENT U/ S.143(3) OF THE INCOME TAX ACT, 1961 (THE ACT HEREINAFTER) DATED 10.09.2009 FOR T HE ASSESSMENT YEAR (A.Y.) 2007-08. 2 ITA NO. 8999/MUM/2010 (A.Y. 2007-08) SEEMA SECURITIES PVT. LTD. VS. ASST. CIT 2. OPENING THE ARGUMENTS FOR AND ON BEHALF OF THE A SSESSEE, IT WAS EXPLAINED BY THE LD. AUTHORIZED REPRESENTATIVE (AR), THE ASSESSEES COUNSEL, THAT THE FIRST DATE OF HEARING BEFORE THE FIRST APPELLATE AUTHORITY WAS FIXED FOR 20.10.2010. THE APPELLANT MADE A REQUEST FOR ADJOURNMENT WELL IN TIME. FURTHER, THER E BEING NO REPRESENTATION FOR THE DATE TO WHICH THE HEARING WAS ADJOURNED ON 20.10.2010, I .E., 10.11.2010, THE LD. CIT(A) DISMISSED THE ASSESSEES APPEAL IN LIMINE . THE NON-APPEARANCE ON THE NEXT DATE OF HEARING, I.E., 10.11.2010, WAS ON ACCOUNT OF A BONA FIDE MISTAKE IN RECORDING CORRECTLY THE DATE OF THE NEXT HEARING BY THE COUNSEL. IT IS A CA SE OF A GENUINE MISTAKE BY THE ASSESSEES COUNSEL, WHICH SHOULD NOT OPERATE TO PREJUDICE THE CAUSE OF JUSTICE, SO THAT SETTING ASIDE THE IMPUGNED ORDER THE MATTER MAY BE RESTORED BACK TO THE FILE OF THE FIRST APPELLATE AUTHORITY. THE ASSESSEE HAS A GOOD CASE ON MERITS, WHICH THE LD. CIT(A) WAS EVEN OTHERWISE OBLIGED TO EXAMINE AND PASS A SPEAKING OR DER U/S.250(6) OF THE ACT. THE LD. DEPARTMENTAL REPRESENTATIVE (DR) WOULD, ON THE OTHER HAND, SUBMIT THAT THERE IS NOTHING ON RECORD TO SUBSTANTIATE THE CLAI M OF A GENUINE MISTAKE AT THE END OF THE ASSESSEES REPRESENTATIVE. 3. WE HAVE HEARD THE PARTIES, AND PERUSED THE MATER IAL ON RECORD. WITHOUT DOUBT SECTION 250(6) OF THE ACT PROVIDES FOR PASSING OF A N ORDER ON MERITS INASMUCH AS THE SAME WOULD BEAR THE FINDINGS IN THE MATTER BY A SENIOR O FFICER OF THE REVENUE. ALSO, THE IMPUGNED NON-APPEARANCE, WHICH WAS THE FIRST SUCH O CCASION, WOULD APPEAR TO US AS ON ACCOUNT OF A BONA FIDE MISTAKE INASMUCH AS THE ASSESSEE HAD FILED THE APP EAL IN TIME AND ALSO SOUGHT ADJOURNMENT ON THE FIRST DATE OF HEARIN G IN TIME, ATTENDING THE PROCEEDINGS ON THAT DATE SO AS TO NOTE THE NEXT DATE OF HEARING. U NDER THE CIRCUMSTANCES, THEREFORE, AN INFERENCE AS TO NON-EARNESTNESS IN PROSECUTING ITS APPEAL, WHICH LED THE LD. CIT(A) TO DISMISS THE ASSESSEES APPEAL IN LIMINE , MAY NOT BE VALID ON FACTS AND, IN ANY CASE, SHOUL D NOT THEREFORE BE ALLOWED TO IMPEDE THE CAUSE OF JUS TICE, WHICH WOULD IMPEL US TO ACCEPT THE ASSESSEES PLEA. THE LD. AR HAS ALSO ASSURED US OF PROPER REPRESENTATION BEFORE THE LD. CIT(A) IN THE SET ASIDE PROCEEDINGS, FAILING WHICH IT SHALL BE OPEN FOR HIM TO TAKE SUCH DECISION IN THE MATTER AS DEEMED FIT UNDER THE CIRC UMSTANCES IN ACCORDANCE WITH LAW. 3 ITA NO. 8999/MUM/2010 (A.Y. 2007-08) SEEMA SECURITIES PVT. LTD. VS. ASST. CIT WE, THEREFORE, CONSIDER IT TO BE A FIT CASE FOR INT ERFERENCE, AND SET ASIDE THE MATTER BACK TO THE FILE OF THE LD. CIT(A) FOR A DECISION O N MERITS AFTER ALLOWING REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE. WE DECIDE A CCORDINGLY. 4. IN THE RESULT, THE ASSESSEES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. 0/ 1 *2 30 ) 4) 567 8 + 9 ) :; ORDER PRONOUNCED IN THE OPEN COURT ON SEPTEMBER 30, 2013 SD/- SD/- (AMIT SHUKLA) (SANJAY ARORA) / JUDICIAL MEMBER / ACCOUNTANT MEMBER < MUMBAI; =* DATED : 30.09.2013 +.*../ ROSHANI , SR. PS ! ' #$%& ' &$ / COPY OF THE ORDER FORWARDED TO : 1. #% / THE APPELLANT 2. &'#% / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. @+A B &*C2 , , C2/ , < / DR, ITAT, MUMBAI 6. B D3 E / GUARD FILE ! ( / BY ORDER, )/(* + (DY./ASSTT. REGISTRAR) , < / ITAT, MUMBAI