Ajmera Associates Ltd Mumbai v. Dcit Rg 4 1 Mumbai

In The Income Tax Appellate Tribunal J Bench Mumbai Before Shri Saktijit Dey Judicial Member And Shri N K Pradhan Accountant Member Ita N O 1905 Mum 2016 Assessment Year 2011 12 M S Ajmera Associates Ltd 63 67 Carmello Building Pathakwadi Opp G T Hospital L T Marg Mumbai 400 002 Pan Aadca 7062 J Appellant V S Dcit Rg 4 1 Aayakar Bhavan M K Road Mumbai 400 020 Respondent Appellant By Ms Namrata Kasale Respondent By Ms Arjoo Gar O Dia Date Of Hearing 12 12 2017 Date Of Order 12 12 2017 O R D E R Per Saktijit Dey J M This Is An Appeal By The Assessee Against Order Dated 28 12 2015 Of Ld Commi Ssioner Of Income Tax Appeals 9 Mumbai For The A Y 2011 12 2 Ita No 1905 Mum 2016 M S Ajmera Associates Ltd 2 Briefly The Facts Are The Assessee A Domestic Company Is Stated To Be Engaged In The Business Of Share Broking And Dealing In Shares F Or The Assessment Year Under Dispute Assessee Filed Its Return Of Income On 27 09 2011 Declaring Total Income Of 39 79 300 The Assessing Officer Completed The Assessment Vide Order Dated 30 03 2013 Making A Couple Of Disallowances Viz Disallowance Of 6 47 145 Under Section 14 A R W R 8 D And Depreciation Claimed Of 7 41 963 On Bse Membership Card Being Aggr Ieved Of The Disallowance Made By The Assessing Officer Assessee Preferred An Appeal Before The First Appellate Authority Learned Cit A Disposed Off Assessees Appeal Exparte Sustaining The Disallowance Made By The Assessing Officer 3 Being Aggrieved Of The Aforesaid Order Of Ld First Appellate Authority Assesses Has Filed The Appeal Before Us Inte R Alia On The Ground That The Order Passed By The First Appellate Authority Is In Violation Of Rules Of Natural Justice 4 We Have Heard The Parties The Only Contention Of Learned A Uthorized R Epresentative Before Us Is To Restore The Matter Back To The First Appellate Authority For Providing One More Opportunity To The Assessee To Argue The Issues On Merits 3 Ita No 1905 Mum 2016 M S Ajmera Associates Ltd 5 The Learned Dr Th Ough Justified The Ex Parte Disposal Of The Appeal However She Has No Serious Objection If One More Opportunity Is Gi Ven To The Assessee To Argue Its Case Before The Commissioner A Ppeals 6 On Perusal Of The Impugned Order Of The First Appellate Authority It Is Evident That The First Appellate Authority Has Alleged That In Spite Of I Ssuance Of Notices For Hearing No One Appeared On Behalf Of The Assessee To Represent The Appeal Be That As It May Considering The Submissions Of The Learned A Uthorized R Epresentative And The Assurance Given Before Us That The Ass Essee Will Appear Before The Commissioner A Ppeals To Represent Its Case T Aking A Lenient View We Are Inclined To Restore The Issues Back To The File Of The First Appellate Authority For De No Vo Adjudication On Merits After Reasonable Opportunity Of Being Heard To The Assessee However We Direct The Assessee To Respond To The Notice Of Hearing To Be Issued By The Commissioner A Ppeals And Appear Before Him To Represent The Case In Case Of Any Default By The As Sessee In Complying To Our Direc Tion Recorded Above Learned Commissioner A Ppeals Shall Be At Liberty To Dispose Of The Appeal On Merit On The Basis Of Material Available On Record 4 Ita No 1905 Mum 2016 M S Ajmera Associates Ltd 7 With The Aforesaid Observations Issues Are Restored Back To The File Of The First Appellate Authority For De Novo Adjudication Grounds Raised Are Allowed For Statistical Purposes 8 In The Result Appeal Of The Assessee Is Allowed For Statistical Purposes Order Pronounced In The Open Court On 12 12 2017 Sd Sd Sd N K Pradhan Accountant Member Sd Saktijit Dey Judicial Member Mumbai Dated 12 12 2017 Copy Of The Order Forwarded To 1 The Assessee 2 The Revenue 3 The Cit A 4 The Cit Mumbai City Concerned 5 The Dr Itat Mumbai 6 Guard File True Copy By Order Karuna Sr Private Secretary Dy Asstt Registrar Itat Mumbai