LAND MARINE EQUIPMENT SERVICE PRIVATE LIMITED ,MUMBAI V. INCOME TAX OFFICER WARD 1(1), THANE

ITA 5238/MUM/2024

AI Insights

The case involves M/s. Land Marine Equipment Services Private Limited, which appealed against an order from the National Faceless Appeal Center/Commissioner of Income Tax (Appeals) that treated an amount of Rs. 95,00,000 as unexplained cash under section 68 of the Income Tax Act, 1961, for the assessment year 2013-14. The initial assessment added this amount to the income of the assessee. The assessee's appeal was dismissed due to non-compliance with notices, which the assessee later claimed not to have received. The Tribunal, considering the circumstances and the need for substantial justice, decided to remand the case for a fresh hearing.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 33682 (ITAT-MUMBAI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-03-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: UMESH CHANDRA SINHA; LD.
• Assessee Lawyers: LIPI BHATTACHARYA DIRECTOR
• Keywords: Set aside; Opportunity of being heard
• Section: 143(3); 250; 68

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “A”, MUMBAI BEFORE SHRI BR BASKARAN, ACCOUNTANT MEMBER AND SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER ITA No.5238/M/2024 Assessment Year: 2013-14 M/s. Land Marine Equipment Services Private Limited, Unit No.223, Second Floor, Turbhe Industrial Park, Plot No.C-56/1 Pawne, Navi Mumbai Maharashtra – 400 705 PAN: AABCL7639Q Vs. Income Tax Officer, Ward 1(1) Ashar IT Park, Road No.16Z, Wagle Industrial Estate, Thane (W), Maharashtra - 400604 (Appellant) (Respondent) Present for: Assessee by : Ms. Lipi Bhattacharya (Director) Revenue by : Shri Umesh Chandra Sinha, Ld. Sr. D.R. Date of Hearing : 27 . 02 .2025 Date of Pronouncement : 19 . 03 .2025 O R D E R Per : Narender Kumar Choudhry, Judicial Member: This appeal has been preferred by the Assessee against the order dated 09.08.2024, impugned herein, passed by the National Faceless Appeal Center (NFAC)/ Ld. Commissioner of Income Tax (Appeals) (in short Ld. Commissioner) u/s 250 of the Income Tax Act, 1961 (in short ‘the Act’) for the A.Y. 2013-14. ITA No.5238/M/2024 M/s. Land Marine Equipment Services Private Limited 2 2. In this case, the amount of Rs.95,00,000/- was treated as unexplained cash and added to the income of the Assessee u/s 68 of the Act by the Assessing Officer (AO) vide assessment order dated 30.03.2016 u/s 143(3) of the Act. 3. The Assessee, being aggrieved, challenged the said addition before the Ld. Commissioner, however, in spite of affording 4 opportunities failed to make any compliance and therefore in the constrained circumstances, the Ld. Commissioner dismissed the appeal of the Assessee and consequently affirmed the aforesaid addition. 4. The Assessee, being aggrieved, has challenged the decision of the Ld. Commissioner and has claimed that it has not received such notices issued by the Ld. Commissioner, which resulted into non compliances by the Assessee, however, if the opportunity be given the Assessee will comply with the notices and file the relevant details and documents. 5. On the contrary, the Ld. D.R. refuted the claim of the Assessee. 6. We have given thoughtful considerations to the peculiar facts and circumstances of the case. Though the Assessee has claimed that it has not received any notices for the dates of hearing, however, failed to substantiate its claim but still at this particular ITA No.5238/M/2024 M/s. Land Marine Equipment Services Private Limited 3 stage, we are inclined not to go into the controversy as the impugned order is an ex-parte and issues involved in the instant appeal remained to be adjudicated in its right perspective and proper manner and therefore for the just and proper decision of the case and substantial justice, we are inclined to set aside the impugned order and consequently remanding the case to the file of the Ld. Commissioner for decision afresh, suffice to say by affording reasonable opportunity of being heard to the Assessee. 7. We clarify that in case of subsequent default, the Assessee shall not be entitled for any leniency. 8. In the result, the appeal filed by the Assessee is allowed for statistical purposes. Order pronounced in the open court on 19.03.2025. Sd/- Sd/- (BR BASKARAN) (NARENDER KUMAR CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER * Kishore, Sr. P.S. Copy to: The Appellant The Respondent The CIT, Concerned, Mumbai The DR Concerned Bench //True Copy// By Order ITA No.5238/M/2024 M/s. Land Marine Equipment Services Private Limited 4 Dy/Asstt. Registrar, ITAT, Mumbai. "