SUPER LEASING LTD, MUMBAI v. ITO 3(3) (3), MUMBAI

ITA 3960/MUM/2010 | 2003-2004
Pronouncement Date: 09-09-2011 | Result: Allowed

Appeal Details

RSA Number 396019914 RSA 2010
Assessee PAN AAECS6370A
Bench Mumbai
Appeal Number ITA 3960/MUM/2010
Duration Of Justice 1 year(s) 3 month(s) 25 day(s)
Appellant SUPER LEASING LTD, MUMBAI
Respondent ITO 3(3) (3), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 09-09-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted E
Tribunal Order Date 09-09-2011
Date Of Final Hearing 07-09-2011
Next Hearing Date 07-09-2011
Assessment Year 2003-2004
Appeal Filed On 14-05-2010
Judgment Text
1 ITA 3960/ M/10 SUPER LEASING LTD.. IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E BEFORE SHRI N.V. VASUDEVAN J.M. AND SHRI R.K. PAND A A.M. ITA NO. 3960/MUM/2010 ASSESSMENT YEAR 2003-04 SUPER LEASING LIMITED 714 RAHEJA CHAMBERS 213 FREE PRESS JOURNAL ROAD NARIMAN POINT MUMBAI -400 021. PAN AAECS 6370A VS. INCOME TAX OFFICER- 3(3)-3 AAYAKAR BHAWAN M.K. ROAD MUMBAI 400020. APPELLANT RESPONDENT APPELLANT BY SHRI SUNIL NAHTA RESPONDENT BY SHRI G.P. TRIVEDI DATE OF HEARING 07.09.2011 DATE OF PRONOUNCEMENT 09.09.2011 ORDER PER R.K. PANDA A.M. THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER DT. 5.2.2010 OF THE CIT(A)- 7 MUMBAI RELATING TO A.Y. 2003-04. 2. THE ASSESSEE IN THE GROUNDS OF APPEAL HAS CHALLE NGED THE ACTION OF THE LD. CIT(A) IN DISMISSING THE APPEAL OF THE ASSESSEE WITHOUT GIVING PROPER OPPORTUNITY OF HEARING AND THEREBY CONFIRMING THE V ARIOUS ADDITIONS MADE BY THE A.O. 3. FACTS OF THE CASE IN BRIEF ARE THAT THE ASSESSEE DECLARED RENTAL INCOME DIVIDEND INCOME AND INTEREST INCOME AND FILED ITS R ETURN OF INCOME DECLARING LOSS OF ` 1 70 045/-. THE A.O. IN THE ASSESSMENT FRAMED U/S 143(3) TREATED THE RENTAL INCOME DIVIDEND INCOME AND INTEREST INCOME AS INCOME FROM OTHER 2 ITA 3960/ M/10 SUPER LEASING LTD.. SOURCES AND DISALLOWED THE ENTIRE EXPENSES OF ` 11 47 613/- CLAIMED BY THE ASSESSEE. THE LD. CIT(A) IN THE EX-PARTE ORDER PAS SED BY HIM CONFIRMED THE INCOME DETERMINED BY THE A.O. AGGRIEVED WITH SUCH ORDER OF THE LD. CIT(A) THE ASSESSEE IS IN APPEAL BEFORE US. 4. THE LD. COUNSEL FOR THE ASSESSEE REFERRING TO TH E LETTER DT. 1.2.2010 ADDRESSED TO THE LD. CIT(A) SUBMITTED THAT SINCE TH E HEARING FOR SUBSEQUENT YEARS ON IDENTICAL ISSUES WERE FIXED ON 9.2.2010 T HE ASSESSEE REQUESTED FOR FIXING OF THE IMPUGNED HEARING ON 9.2.2010. HE SUBM ITTED THAT THE LD. CIT(A) WITHOUT CONSIDERING THE REQUEST FOR ADJOURNMENT PA SSED THE EX PARTE ORDER. HE SUBMITTED THAT IN THE INTERESTS OF JUSTICE THE MATTER SHOULD BE RESTORED TO THE FILE OF THE LD. CIT(A) WITH A DIRECTION TO GIVE ONE MORE OPPORTUNITY TO THE ASSESSEE TO SUBSTANTIATE ITS CASE. 5. THE LD. D.R. ON THE OTHER HAND SUBMITTED THAT ENOUGH OPPORTUNITIES HAVE BEEN GIVEN TO THE ASSESSEE BY THE LD. CIT(A. THEREFORE THE MATTER SHOULD NOT BE RESTORED TO THE FILE OF THE LD. CIT(A). HOW EVER IN CASE THE BENCH THINKS IT PROPER THEN THE MATTER MAY BE RESTORED TO THE F ILE OF LD. CIT(A) WITH A DIRECTION TO THE ASSESSEE TO APPEAR FOR HEARING WIT H NECESSARY EVIDENCES AND NOT TO SEEK ADJOURNMENT. 6. WE HAVE CONSIDERED THE RIVAL ARGUMENTS MADE BY B OTH THE SIDES PERUSED THE ORDERS OF THE A.O. AND THE LD. CIT(A) AND THE P APER BOOK FILED ON BEHALF OF THE ASSESSEE. IT IS SEEN THAT THE ASSESSEE VIDE LE TTER DTD. 1.2.2010 REQUESTED THE LD. CIT(A) TO ADJOURN THE HEARING TO 9.2.2010 S INCE IDENTICAL ISSUES INVOLVED IN THE APPEAL FOR THE A.Y. 2004-05 AND 200 5-06 ARE FIXED FOR HEARING ON THAT DAY. HOWEVER THE LD. CIT(A) COMPLETED THE ASSESSMENT EX PARTE ON THE GROUND THAT NO-ONE APPEARED FOR HEARING ON THE DATE OF HEARING NOR ANY REPLY WAS RECEIVED FROM THE ASSESSEE TILL DATE. SINCE TH E GRIEVANCE OF THE ASSESSEE THAT PROPER OPPORTUNITY HAS NOT BEEN GRANTED TO THE ASSESSEE TO SUBSTANTIATE 3 ITA 3960/ M/10 SUPER LEASING LTD.. ITS CASE THEREFORE WE IN THE INTERESTS OF JUSTIC E DEEM IT PROPER TO RESTORE THE MATTER TO THE FILE OF THE LD. CIT(A) WITH A DIRECTI ON TO GIVE ONE MORE OPPORTUNITY TO THE ASSESSEE TO SUBSTANTIATE ITS CASE WITH SUPPO RTING DOCUMENTS. THE ASSESSEE IS ALSO HEREBY DIRECTED TO APPEAR BEFORE T HE LD. CIT(A) ON THE APPOINTED DATE AND NOT TO SEEK ADJOURNMENT. IN CAS E OF NON-COMPLIANCE THE LD. CIT(A) IS AT LIBERTY TO PASS APPROPRIATE ORDER AS PER LAW. WE HOLD AND DIRECT ACCORDINGLY. 7. IN THE RESULT APPEAL FILED BY THE ASSESSEE IS A LLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON 09.09.2011. SD/- SD/- (N.V. VASUDEVAN) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI DATED : 09.09.2011 RK COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 7 MUMBAI 4. THE CIT 3 MUMBAI 5. THE DR BENCH E 6. MASTER FILE // TUE COPY// BY ORDER DY/ASSTT. REGISTRAR ITAT MUMBAI