AMAR DIAMOND TOOLS, MUMBAI V. ITO WD 1(1), THANE

MA 26/MUM/2020

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 2849 (ITAT-MUMBAI)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-03-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 15-01-2020
• Court: TRIBUNAL

Judgement Text

1 MA NO.26-29/MUM/2020 AMAR DIAMOND TOOLS AYS : 2010-11 TO 2012-13 - IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI . . , , BEFORE HONBLE SHRI C.N. PRASAD, JM AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM MISCELLANEOUS APPLICATION NOS. 26 TO 29/MUM/2020 [ARISING OUT OF ITA NOS. 6447-50/MUM/2018] ( / ASSESSMENT YEARS: 2010-11 TO 2012-13) AMAR DIAMOND TOOLS 1 ST FLOOR, SHIVDARSHAN BUILDING NEAR SHANKAR MANDIR, MUMBRA THANE 400 612. / VS. INCOME TAX OFFICER - WARD 1(1) ROOM NO.23, 6 TH FLOOR, ASHAR IT PARK ROAD NO.16-Z, WAGLE INDL. ESTATE THANE (W)-400 604 ./ ./PAN/GIR NO. AAHFA-7543-D ( /APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI HARIOM TULSYAN-LD.AR / RESPONDENT BY : MS. KAVITA P. KAUSHIK-LD. DR / DATE OF HEARING : 13/03/2020 / DATE OF PRONOUNCEMENT : 13/03/2020 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER): - 1. BY WAY OF THESE MISCELLANEOUS APPLICATIONS, THE ASSESSEE SEEKS RECALL OF EX-PARTE ORDER DATED 05/12/2019 OF THE TRIBUNAL IN CAPTIONE D 2 MA NO.26-29/MUM/2020 AMAR DIAMOND TOOLS AYS : 2010-11 TO 2012-13 APPEALS. THE SOLE ISSUE INVOLVED IN THE APPEALS WAS ESTIMATION ON ACCOUNT OF BOGUS PURCHASES AND THE ASSESSEES APPEALS WERE DISMISSED BY THE BENCH FINDING THE ESTIMATION OF 12.5% TO BE FAIR AN D REASONABLE. 2. DRAWING OUR ATTENTION TO THE APPLICATIONS, LD. A UTHORIZED REPRESENTATIVE FOR ASSESSEE (AR) SUBMITTED THAT THE ASSESSEE DID NOT RECEIVE ANY COMMUNICATION / NOTICE OF HEARING AND T HEREFORE, THE MATTER COULD NOT BE ATTENDED TO BY THE ASSESSEE. THE LD. A R ALSO SUBMITTED THAT THE MATTERS IN THE APPEAL IS COVERED BY THE EARLIER ORDER OF THE TRIBUNAL FOR AYS 2008-09 & 2009-10 AND THEREFORE, DISMISSAL OF T HE APPEALS WOULD CAUSE IMMENSE HARDSHIP TO THE ASSESSEE. THE LD. DR SUBMITTED THAT THE ASSESSEE REMAINED NEGLIGENT IN ATTENDING THE HEARIN G OF THE APPEALS. 3. UPON DUE CONSIDERATION, KEEPING IN VIEW THE PRIN CIPLE OF NATURAL JUSTICE, THE BENCH FORMED AN OPINION THAT THE EX-PA RTE ORDER DESERVE TO BE RECALLED CONSIDERING THE FACT THAT THE APPEALS WERE HEARD EX-PARTE QUA THE ASSESSEE IN THE FIRST HEARING ITSELF. THEREFORE, WE RECALL THE COMMON ORDER DATED 05/12/2019. THE REGISTRY IS DIRECTED TO RE-FI X THE APPEALS FOR FRESH HEARING IN REGULAR COURSE AFTER DUE INTIMATION TO B OTH THE SIDES. 4. ALL THE APPLICATIONS STAND ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 13 TH MARCH, 2020. SD/- SD/- (C.N. PRASAD) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 13/03/2020 SR.PS:-JAISY VARGHESE 3 MA NO.26-29/MUM/2020 AMAR DIAMOND TOOLS AYS : 2010-11 TO 2012-13 ! '#! / COPY OF THE ORDER FORWARDED TO : 1. !' / THE APPELLANT 2. #!' / THE RESPONDENT 3. $ $ % ( ) / THE CIT(A) 4. $ $ % / CIT CONCERNED 5. &' ( ) , $ ) , / DR, ITAT, MUMBAI 6. '+,- / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.