VISHESH ENGG.P. LTD, MUMBAI v. ITO 10(3)(3), MUMBAI

ITA 3630/MUM/2010 | misc
Pronouncement Date: 22-07-2011 | Result: Partly Allowed

Appeal Details

RSA Number 363019914 RSA 2010
Assessee PAN AAACV4167G
Bench Mumbai
Appeal Number ITA 3630/MUM/2010
Duration Of Justice 1 year(s) 2 month(s) 15 day(s)
Appellant VISHESH ENGG.P. LTD, MUMBAI
Respondent ITO 10(3)(3), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 22-07-2011
Appeal Filed By Assessee
Order Result Partly Allowed
Bench Allotted F
Tribunal Order Date 22-07-2011
Date Of Final Hearing 13-07-2011
Next Hearing Date 13-07-2011
Assessment Year misc
Appeal Filed On 07-05-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH F MUMBAI BEFORE SHRI N.V.VASUDEVAN(J.M) & SHRI B. RAMAKOTAI AH (A.M) ITA NO.3630/MUM/10(A.Y.2006-07) VISHESH ENGINEERING PVT. LTD. 10 SAMRAT MILLS COMPOUND L.B.S.MARG VIKHROLI(WEST) MUMBAI 400 076 PAN:AAACV 4167G (APPELLANT) VS. THE INCOME TAX OFFICER WARD 10(3)(3) MUMBAI. (RESPONDENT) APPELLANT BY : SHRI JAYANT V. MEHTA RESPONDENT BY : SHRI SUBACHAN RAM ORDER PER N.V.VASUDEVAN J.M THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDE R DATED 29/3/2010 OF CIT(A) 22 MUMBAI RELATING TO ASSESSMENT YEAR 200 6-07. 2. THE ASSESSEE IS A COMPANY. FOR A.Y 2006-07 THE ASSESSMENT UNDER SECTION 143(3) OF THE ACT WAS MADE ON 28/11/2008. THE ASSESSING OFFICER ADDED TO THE INCOME DECLARED BY THE ASSESSEE A SUM OF RS. 2.00 LACS AS UNEXPLAINED CASH CREDIT BEING UNSECURED LOAN TAKEN BY THE ASSESSEE FROM M/S. REWAN ENTERPRISES UNDER SECTION 68 OF THE INCO ME TAX ACT 1961 (THE ACT). SIMILARLY AN ADDITION OF RS. 10 LACS BEING U NSECURED LOAN AVAILED BY THE ASSESSEE FROM M/S.YASH IMPEX WAS ALSO TREATED AS UNEXPLAINED CASH CREDIT UNDER SECTION 68 OF THE ACT. 3. THE ASSESSEE PREFERRED AN APPEAL BEFORE THE CIT (A) CHALLENGING THE AFORESAID ADDITION MADE BY THE AO . THE APPEAL BEF ORE THE CIT(A) WAS ITA NO.3630/MUM/10(A.Y.2006-07) 2 ADJOURNED FROM TIME TO TIME. THE FOLLOWING WERE TH E DATES OF HEARING BEFORE THE CIT(A). S.NO. CASE RECEIVED ON TRANSFER TO CIT(A) 22 MUMBAI. DATE OF FIXING HEARING REMARKS REGARDING COMPLIANCE FROM THE APPELLANT. 1 17.11.2009 01.12.2009 NOTICE WAS DULY SERVED ON T HE APPELLANT ON 24.11.2009 BUT NOBODY ATTENDED ON THIS DATE. 17.12.2009 29.12.2009 NOTICE RETURNED BY POSTAL AU THORITY WITH REMARKS CLOSED 2. 31.12.2009 19.01.2010 APPELLANTS A/R J.V.MEHTA & CO. CAS VIDE LETTER DT. 19.01.2010 FILED IN THIS OFFICE ON 20.01.2010 REQUESTED FOR ADJOURNMENT OF THE CASE. 3 27.01.2010 08.02.2010 NOTICE WAS DULY SERVED ON T HE APPELLANT BUT NOBODY ATTENDED. 4 09.02.2010 17.02.2010 MS.URVI JANANI FROM J.V.MEHT A & VC. ATTENDED ALONG WITH LETTER FOR ADJOURNMENT. ACCORDING CASE WAS ADJOURNED TO 02.03.2010 ON REQUEST. 5 02.03.2010 NOBODY ATTENDED 6 04.03.2010 11.03.2010 MR. J.V.MEHTA CA ATTENDED A ND REQUESTED FOR ADJOURNMENT. ACCORDINGLY THE CASE WAS ADJOURNED T O 12.03.2010 7. 12.03.2010 NOBODY ATTENDED ON THIS DATE. APPELLANTS AR J V.MEHTA & CO. CAS VIDE LETTER DT . 12.03.2010 FILED IN THIS OFFICE ON 15.03.2010 REQUESTED FOR ADJOURNMENT OF THE CASE. 8 15.03.2010 25.03.2010 NOBODY ATTENDED ON THIS DAT E. 4. SINCE NONE APPEARED BEFORE CIT(A) 25/3/2010 THE CIT(A) PROCEEDED TO DECIDE THE APPEAL EX-PARTE. THE APPEAL OF THE ASSE SSEE WAS DISMISSED BY THE CIT(A) ON MERITS. AGAINST THE ORDER OF THE CIT(A) THE ASSESSEE HAS FIELD THE PRESENT APPEAL BEFORE THE TRIBUNAL. 5. BEFORE US IT WAS SUBMITTED BY THE LD. COUNSEL FO R THE ASSESSEE THAT IN THE HEARING FIXED ON 11/3/2010 THE COUNSEL ATTENDED AND FURNISHED SOME DETAILS AND THE CASE WAS ADJOURNED TO 12/3/2010. O N 12/3/2010 THE COUNSEL SENT A LETTER TO THE CIT(A) REQUESTING FOR 15 DAYS ADJOURNMENT. MEANWHILE THE CIT(A) SENT A NOTICE DATED 15/3/2010 FIXING THE CASE FOR HEARING ON 25/3/2010. THIS NOTICE OF THE CIT(A) WA S RECEIVED BY THE ASSESSEE ONLY ON 26/3/2010 HENCE THE A.R COULD NOT APPEAR ON 25/3/2010. ITA NO.3630/MUM/10(A.Y.2006-07) 3 THE LD. COUNSEL FOR THE ASSESSEE ALSO BROUGHT TO OU R NOTICE THAT A LETTER DATED 30/3/2010 WAS ADDRESSED BY THE AR TO THE CIT( A) POINTING OUT ALL THE ABOVE FACTS. 6. AFTER CONSIDERING THE SUBMISSIONS WE ARE OF THE VIEW THAT THE ASSESSEE DESERVES ONE MORE OPPORTUNITY OF BEING HEARD BY THE CIT(A). WE THEREFORE SET ASIDE THE ORDER OF THE CIT(A) AND REMAND THE IS SUE RAISED BY THE ASSESSEE IN ITS APPEAL BEFORE THE CIT(A) FOR FRESH CONSIDERA TION BY THE CIT(A). THE ASSESSEE WILL DILIGENTLY COMPLY WITH THE NOTICES IS SUED BY THE CIT(A). THE CIT(A) WILL AFFORD OPPORTUNITY OF BEING HEARD TO TH E ASSESSEE AND DECIDE THE ISSUE ON MERITS AFRESH IN ACCORDANCE WITH LAW. 7. IN THE RESULT THE APPEAL OF THE ASSESSEE IS TRE ATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON TH E 22 ND DAY OF JULY 2011. SD/- SD/- (B.RAMAKOTAIAH ) (N.V.VASUDEVAN) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI DATED. 22ND JULY.2011 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3 . THE CIT CITY CONCERNED 4. THE CIT(A)- CONCERNED 5. THE D.RF BENCH. (TRUE COPY) BY ORDER ASST. REGISTRAR I TAT MUMBAI BENCHES MUMBAI. VM. ITA NO.3630/MUM/10(A.Y.2006-07) 4 DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON 14/7/11 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 15/7/11 SR.PS/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7. FILE SENT TO THE BENCH CLERK SR.PS/PS 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER