ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 2(3) (1), MUMBAI V. VANANCHAL PROPETIES PRIVATE LIMITED , MUMBAI

MA 757/MUM/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6943 (ITAT-MUMBAI)
• Duration Of Justice: 9 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-07-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: J
• Assessment Year: 2010-2011
• Appeal Filed On: 03-10-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SAURESH KUMAR RAI
• Section: 144

Judgement Text

INCOME - TAX APPELLATE TRIBUNAL J BENCH MUMBAI , , BEFORE S/SH . R .C. SHARMA ,ACCOUNTANT MEMBER & PAWAN SINGH, JUDICIAL MEMBER MA NO. 757/MUM/2017 (ARISING OUT OF I.T.A./ 4996 /MUM/201 5 , / ASSESSMENT YEAR: 20 10 - 11) ACIT - CIRCLE - 2(3)(1) AAYAKAR BHAVAN, M.K. ROAD MUMBAI 400 020. VS. M/S. VANANCHAL PROPERTIES PVT.LTD. MOHANLAL JAIN & CO. CHARTERED ACCOUNTA NTS, 10, CHARTERED HOUSE, GR. FLOOR, DR. C.H. STREET, MARINE LINES MUMBAI - 400 0 0 2 . PAN:AA BCV 7969 F ( / APPELLANT ) ( / RESPONDENT ) REVENUE BY: SHRI SAURESH KUMAR RAI - DR ASSESSEE BY: NONE / DATE OF HEARING: 27/07/2018 / DATE OF PRONOUN CEMENT: 27 /07/2018 ORDER P ER PAWAN SINGH, JM : THIS MISCELLANEOUS PETITION FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 17 TH MARCH, 2017 PASSED IN ITA NO.4996/MUM/2015 FOR ASS ESSMENT YEAR 2010 - 11. 2. THE LD. DR FOR THE REVENUE SUBMITS THAT WHILE DECIDING THE APPEAL OF THE ASSESSEE , THE APPEAL WAS RESTORED TO THE FILE OF THE LD. COMMISSIONER OF INCOME TAX(APPEALS). THE LD. DR F URTHER SUBMITS THAT THE TRIBUNAL RESTORED THE MATTER TO THE FILE OF THE LD. COMMISSIONER OF INCOME TAX(APPEALS) OBSERVING THAT : THOUGH THE CIT(A) HELD THAT THE ASSESSEE FAILED TO ESTABLISH THE CORRECTNESS AND ALLOWABILITY OF THE EXPENSES AMOUNTING TO RS.7,70,70,676/ - , THE FACT IS THAT PROPER OPPORTUNITY W AS NOT GRANTED TO THE ASSESSEE FOR FURNISHING THE EVIDENCES AND EXPLANATIONS. 2.1. THE LD . DR SUBMITS THAT THE ASSESSEE NEITHER APPEARED BEFORE THE ASSESSING OFFICER NOR BEFORE THE LD.CIT(A) DESPITE BEING GIVEN A NUMBER OF OPPORTUNITIES. THE LD. DR FURTH ER INVITED OUR ATTENTION TO SUB - PARA 4 OF PARA 2 OF THE MISCELLANEOUS APPLICATION WHEREIN IT IS MENTIONED THAT THE ASSESSEE WAS GIVEN FIVE OPPORTUNITIES TO APPEAR AND EXPLAIN THE FACTS TO SUBSTANTIATE IT S CONTENTION WITH REGARD TO THE GROUND OF APPEAL RAIS ED THEREIN. MA/NO/757/MUM/17 - M/S. VANANCHAL PROPERTIES PVT.LTD. 2 3. W E HAVE NOTICED THAT THE ASSESSEE WAS SERVED WITH THE NOTICE OF MISCELLANEOUS PETITION THROUGH REGISTERED AD. THE ASSESSEE HAS NOT COME FORWARD TO CONTEST THE MISCELLANEOUS APPLICATION. THEREFORE, WE ARE LEFT WITH NO OPTION BUT TO PROCEED W ITH THE SUBMISSION MADE BY THE LD. DR AND MATERIAL PLACED BEFORE US. CONSIDERING THE CONTENTION OF THE LD. DR THAT THE ASSESSEE REMAINED ABSENT BEFORE AO, THEREFORE, ASSESSMENT U/S. 144 WAS PASSED. THE ASSESSEE DID NOT APPEAR BEFORE THE LD. CIT(A), THEREFO RE, EXPARTE ORDER WAS PASSED. CONSIDERING THE CONTENTION OF THE LD. DR OF THE REVENUE WE ORDER TO EXPUNGE THE OBSERVATION OF THE TRIBUNAL IN PARA 5 OF ITS ORDER DATED 17 TH MARCH, 2017 PASSED IN ITA NO.4996/MUM/2015 . THOUGH THE CIT(A) HELD THAT THE ASSESSE E FAILED TO ESTABLISH THE CORRECTNESS AND ALLOWABILITY OF THE EXPENSES AMOUNTING TO RS.7,70,70,676/ - , THE FACT IS THAT PROPER OPPORTUNITY WAS NOT GRANTED TO THE ASSESSEE FOR FURNISHING THE EVIDENCES AND EXPLANATIONS. WE ORDER ACCORDINGLY. IN THE RESULT MI SCELLANEOUS APPLICATION FILED BY THE REVENUE IS ALLOWED TO THE LIMITED EXTENT. ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH JULY , 201 8 . SD/ - SD/ ( R.C. SHARMA ) ( PAWA N SINGH ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; / DATED : 27 .07 .201 8 . JV.SR.PS. / COPY OF THE ORDER FORWARDED TO : 1. APPELLANT / 2. RESPONDENT / 3. THE CONCERNED CIT(A)/ , 4. THE CONCERNED CIT / 5. DR J BENCH, ITAT, MUMBAI / , , . . 6. GUARD FILE/ //TRUE COPY// / BY ORDER, / DY./ASST. REGISTRAR , / ITAT, MUMBAI.