BAADER SCHULZ LABORATORIES, MUMBAI v. ACIT 25(1), MUMBAI

ITA 4178/MUM/2015 | 2005-2006
Pronouncement Date: 30-11-2017 | Result: Allowed

Appeal Details

RSA Number 417819914 RSA 2015
Assessee PAN AACFB8402B
Bench Mumbai
Appeal Number ITA 4178/MUM/2015
Duration Of Justice 2 year(s) 4 month(s) 23 day(s)
Appellant BAADER SCHULZ LABORATORIES, MUMBAI
Respondent ACIT 25(1), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 30-11-2017
Appeal Filed By Assessee
Tags No record found
Order Result Allowed
Bench Allotted SMC
Tribunal Order Date 30-11-2017
Date Of Final Hearing 17-05-2017
Next Hearing Date 17-05-2017
First Hearing Date 17-05-2017
Assessment Year 2005-2006
Appeal Filed On 07-07-2015
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH B MUMBAI BEFORE SHRI D.T. GARASIA JUDICIAL MEMBER AND SHRI MANOJ KUMAR AGGARWAL ACCOUNTNAT MEMBER ITA NO.4178/M/2015 ASSESSMENT YEAR: 2005-06 ITA NO.4179/M/2015 ASSESSMENT YEAR: 2005-06 M/S. BAADER SCHULZ LABORATORIES SHANTIVILLA SHANTIVAN TOWER COMPOUND DEVIDAS LANE NR. CLUB ACAQUARIA BORIVALI (W) MUMBAI-400 103 PAN: AACFB8402B VS. ACIT-25(1) MUMBAI (APPELLANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI RAMESH JOSHI A.R. REVENUE BY : SHRI SUMAN KUMAR D.R. DATE OF HEARING : 02.11.2017 DATE OF PRONOUNCEMENT : 30.11.2017 O R D E R PER D.T. GARASIA JUDICIAL MEMBER: THE ABOVE TITLED APPEALS HAVE BEEN PREFERRED BY THE ASSESSEE AGAINST THE ORDER DATED 10.03.2015 OF THE COMMISSIO NER OF INCOME TAX (APPEALS) [HEREINAFTER REFERRED TO AS THE CIT(A )] RELEVANT TO ASSESSMENT YEAR 2005-06. 2. DURING THE COURSE OF HEARING THE LD. A.R. SUBMI TTED THAT THE ASSESSEE COULD NOT PRESENT BEFORE THE LD. CIT(A) AN D THE LD. CIT(A) HAS PASSED THE ORDER WITHOUT HEARING TO THE ASSESSE E. NOW ASSESSEE ITA NO.4178/M/2015 & ITA NO.4179/M/2015 M/S. BAADER SCHULZ LABORATORIES 2 IS READY TO GO TO THE LD. CIT(A) THEREFORE HE REQ UESTED TO RESTORE THIS MATTER BACK TO THE FILE OF LD. CIT(A). 3. LD. D.R. OBJECTED TO IT. 4. WE HAVE HEARD THE RIVAL CONTENTIONS OF BOTH THE P ARTIES. WE FIND THAT ASSESSEE FIRM IS A PARTNERSHIP FIRM AND E NGAGED IN THE BUSINESS OF MANUFACTURING OF DRUGS AND PHARMACEUTIC ALS. THE RETURN OF INCOME WAS FILED BY THE ASSESSEE ON 31.10.2005 D ECLARING TOTAL LOSS OF RS.1 15 24 260/-. SUBSEQUENTLY A REVISED RETURN OF INCOME WAS FILED ON 28.11.2005 DECLARING TOTAL LOSS OF RS. 30 38 470/-. THE ASSESSMENT WAS COMPLETED UNDER SECTION 143(3) OF TH E ACT. WE FIND THAT THE ASSESSEE DID NOT REMAIN PRESENT BEFORE THE LD. CIT(A). THEREFORE IN THE INTEREST OF JUSTICE WE RESTORE T HIS APPEAL BACK TO THE FILE OF THE LD. CIT(A) TO DECIDE THE MATTER AFRESH AFTER GIVING DUE OPPORTUNITY OF HEARING TO THE ASSESSEE. 5. IN THE RESULT BOTH THE APPEALS OF THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 30.11.2017. SD/- SD/- (MANOJ KUMAR AGGARWAL) (D.T. GARASIA) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI DATED: 30.11.2017. * KISHORE SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT CONCERNED MUMBAI THE CIT (A) CONCERNED MUMBAI ITA NO.4178/M/2015 & ITA NO.4179/M/2015 M/S. BAADER SCHULZ LABORATORIES 3 THE DR CONCERNED BENCH //TRUE COPY// [ BY ORD ER DY/ASSTT. REGISTRAR ITAT MUMBAI.