RAKHEE DYECHEM P.LTD, MUMBAI v. ASST CIT 2(3), MUMBAI

ITA 1399/MUM/2015 | 2011-2012
Pronouncement Date: 27-10-2016 | Result: Allowed

Appeal Details

RSA Number 139919914 RSA 2015
Assessee PAN AAACR6398B
Bench Mumbai
Appeal Number ITA 1399/MUM/2015
Duration Of Justice 1 year(s) 7 month(s) 19 day(s)
Appellant RAKHEE DYECHEM P.LTD, MUMBAI
Respondent ASST CIT 2(3), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 27-10-2016
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted D
Tribunal Order Date 27-10-2016
Assessment Year 2011-2012
Appeal Filed On 09-03-2015
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH MUMBAI BEFORE SHRI MAHAVIR SINGH JM AND SHRI RAJESH KUMAR AM ./ I .T.A. NO. 1399 /MUM/201 5 ( / ASSESSMENT YEAR : 20 11 - 12 ) RAKH EE DYECHEM PRIVATE LIMITED 209/210 AREADIA NCPA MARG 195 NARIMAN POINT MUMBAI - 400021 / VS. ASST. COMMISSIONER OF INCOME TAX 2(3) ROOM NO.354 3 RD FLOOR AAYAKAR BHAVAN M K ROAD MUMBAI - 400020 ./ PAN : AAACR6398B (COMPANY) / ASSESSEE BY NONE / REVENUE BY SHRI B S BIST / DATE OF HEARING : 25.10. 2016 / DATE OF PRONOUNCEMENT : 27 .10. 2016 / O R D E R PER RAJESH KUMAR A M T HIS IS AN APPEAL FILED BY THE ASSESSEE CHALLENGING THE ORDER DATED 19.1.2015 PASSED BY THE LD.CIT(A) - 6 MUMBAI NOT ADMITTING ADDITIONAL EVIDENCE BY THE LD. CIT(A) FOR THE ASSESSMENT YEAR 20 11 - 12 . 2. DESPITE SERVICE OF NOTIC E THROUGH RPAD NONE APPEARED ON BEHALF OF THE ASSESSEE ON THE APPOINTED DATE OF HEARING WE THEREFORE PROCEED TO DECIDE THE APPEAL EX - PARTE ON MERIT AND AFTER HEARING THE LD. DR . 2 ITA NO. 1399 /M/201 5 3. FACTS OF THE CASE ARE THAT THE CASE ARE THAT THE ASSESSEE FILED HER RETURN OF INCOME ON 29.9.2010 DECLARING TOTAL INCOME AT RS.1 48 83 850/ - WHICH W AS PROCESSED UNDER SECTION 143(1) OF THE ACT. THEREAFTER THE CASE WAS SELECTED FOR SCRUTINY. ACCORDINGLY STATUTORY NOTICES U/S 143(2) AND 142(1) WERE ISSUED AND SERVED UP ON THE ASSESSEE. THE AO FRAMED THE ASSESSMENT AFTER CONSIDERING THE WRITTEN SUBMISSIONS OF THE ASSESSEE DATED 11.12.2013 AND 14.1.2014 WHICH ARE REPRODUCED IN PARA 3.1 3.2 AND 3.3 OF THE ASSESSMENT ORDER BY ASSESSING THE TOTAL INCOME AT RS.3 86 30 550/ - BY DISALLOWING AN AMOUNT OF RS.2 37 00 000/ - ON ACCOUNT OF DEEMED DIVIDEND AND RS.46 705/ - ON ACCOUNT OF DISALLOWANCE U/S 14A OF THE ACT VIDE ASSESSMENT ORDER DATED 28.1.2013 PASSED UNDER SECTION 143(3) OF THE ACT. AGGRIEVED BY THE ORDER OF THE AO THE ASSESSEE PREFERRED AN APPEAL BEFORE THE LD.CIT(A). BEFORE THE LD.CIT(A) THE ASSESSEE SUBMITTED AN ADDITIONAL EVIDENCE BUT THE LD.CIT(A) DID NOT CONSIDER IT AND PASSED IMPUGNED ORDER THEREBY CAUSING MISCARRIAGE OF JUSTICE AND THUS VIOLATED PRINCIPL E OF NATURAL JUSTICE. AGGRIEVED BY THE ORDER OF THE LD.CIT(A) THE ASSESSEE IS IN APPEAL BEFORE THIS TRIBUNAL. 4. WE HAVE HEARD THE LD.DR AND PERUSED THE MATERIAL PLACED BEFORE US. 5. AFTER HEARING THE LD.DR WE ARE OF THE CONSIDERED OPINION THAT THE END S OF JUSTICE WOULD MET IF THE MATTER IS RESTORED BACK TO THE FILE FOR LD.CIT(A) FOR CONSIDERING THE ADDITIONAL EVIDENCES AS MAY BE FILED BY THE ASSESSEE . 3 ITA NO. 1399 /M/201 5 ACCORDINGLY WE SET ASIDE THE ORDER OF THE LD.CIT(A) AND RESTORE THE SAME TO THE FILE OF THE LD.CIT(A ) FOR FRESH APPLICATION OF MIND ON THE DOCUMENTARY EVIDENCES AS MAY BE FILED BY THE ASSESSEE IN THE RE - APPEAL PROCEEDINGS. 6 . IN THE RESULT THE APPEAL OF THE ASSESSEE IS PARTLY ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN T HE OPEN COURT ON 27. 10 .2016 . S D SD ( MAHAVIR SINGH ) ( RAJESH KUMAR ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 27 . 10. 2016 SR.PS:SRL: / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPON DENT 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. / DR ITAT MUMBAI 6. / GUARD F ILE / BY ORDER T RUE COPY / (DY./ASSTT. REGISTRAR) / ITAT MUMBAI