OM RESORTS P. LTD, MUMBAI v. ITO 5(2)(1), MUMBAI

ITA 4732/MUM/2009 | 2000-2001
Pronouncement Date: 12-07-2010 | Result: Allowed

Appeal Details

RSA Number 473219914 RSA 2009
Bench Mumbai
Appeal Number ITA 4732/MUM/2009
Duration Of Justice 10 month(s) 29 day(s)
Appellant OM RESORTS P. LTD, MUMBAI
Respondent ITO 5(2)(1), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 12-07-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted SMC
Tribunal Order Date 12-07-2010
Date Of Final Hearing 12-07-2010
Next Hearing Date 12-07-2010
Assessment Year 2000-2001
Appeal Filed On 13-08-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC MUMBAI BEFORE SHRI A.L. GEHLOT ACCOUNTANT MEMBER ITA NOS. 4732/M/09 AND 4733/M/09 ASSESSMENT YEARS: 2000-01 & 2001-02 OM RESORTS PVT. LTD. APPELLANT 205 OM CHAMBERS KEMPS CORNER MUMBAI 400 036. (PAN AAACOO829J) VS. INCOME TAX OFFICER 5(2)(1) RESPONDENT APPELLANT BY : MR. P.K. PARIDA & ANIL S. MISHRA RESPONDENT BY : MR. S.K. SINGH O R D E R BOTH THESE APPEALS PERTAIN TO ONE ASSESSEE ARE DIR ECTED AGAINST THE ORDERS OF CIT(A)-V MUMBAI PASSED ON 1 1.06.2009 FOR THE ASSESSMENT YEARS 2000-01 AND 2001-02. SINCE COM MON GROUNDS ARE RAISED ON IDENTICAL SET OF FACTS THEY WERE HEARD TOGETHER AND THEREFORE A COMMON ORDER IS PASSED F OR THE SAKE OF CONVENIENCE. 2. IN SHORT THE GROUNDS RAISED IN BOTH THE APPEALS ARE NAMELY I) IN RESPECT OF REOPENING OF ASSESSMENT I I) ESTIMATION OF BUSINESS INCOME OF RS. 1 00 000/- IN AY 2000-01 AND RS. 75 000/- IN AY 2001-02 AND ADDITION U/S 68 OF RS. 2 12 500/ - IN AY 2000- 01 AND RS. 1 09 000/- ON ACCOUNT OF UNEXPLAINED CAS H CREDITS. APART FROM THE ABOVE ONE MORE GROUND IS THAT THE C IT(A) DID NOT ADMIT ADDITIONAL EVIDENCE FILED BEFORE HIM. 3. THE LEARNED AR SUBMITTED THAT THE CONNECTED MATT ER WHEREIN THE ASSESSEE HAS DEPOSITED THE AMOUNTS I.E. IN OM CONSTRUCTIONS PVT. LTD. AND THE ITAT IN ITA NOS. 7 479 7480 & 7481/MUM/05 FOR AY 1998-99 2000-01 & 2001-02 OF OM CONSTRUCTIONS PVT. LTD. VIDE ITS ORDER DATED 12 TH SEPTEMBER 2008 SENT THE MATTER BACK TO THE FILE OF THE AO. SINCE T HE ASSESSEE HAD ITA NOS. 4732 & 4733/M/09 OM RESORTS P. LTD. 2 GIVEN LOAN TO M/S OM CONSTRUCTIONS P. LTD. THE MAT TER IS INTER- LINKED THEREFORE THE MATTER UNDER CONSIDERATION A LSO TO BE SENT BACK TO THE FILE OF THE AO. THE LEARNED AR FURTHER SUBMITTED THAT THE CIT(A) HAS NOT CONSIDERED THE ADDITIONAL EVIDEN CE FILED BY THE ASSESSEE. 4. THE LEARNED DR ON THE OTHER HAND RELIED UPON T HE ORDER OF CIT(A). 5. I HAVE CONSIDERED THE LEARNED REPRESENTATIVES OF THE PARTIES AND PERUSED THE RECORD. I FIND THAT THE CONNECTED M ATTER HAS ALREADY BEEN SENT BY THE ITAT TO THE FILE OF THE AO AND I AM OF THE VIEW THAT THE CIT(A) OUGHT TO HAVE ADMITTED THE ADD ITIONAL EVIDENCE FILED BY THE ASSESSEE IN THE INTEREST OF JUSTICE. SINCE COMPLETE FACTS OF THE CASE ARE NOT ON RECORD AFTER EXAMINATION OF THE MATERIAL AND EVIDENCES FILED BY THE ASSESSEE I FIND IT PROPER T O REMIT THE MATTER BACK TO THE FILE OF THE AO WITH A DIRECTION TO DECI DE THE ISSUES AFRESH IN ACCORDANCE WITH LAW AFTER PROVIDING REASO NABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. 6. IN THE RESULT BOTH THE APPEALS ARE TREATED AS A LLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 12.07.2010. SD/- (A.L. GEHLOT) ACCOUNTANT MEMB ER DATED: 12 TH JULY 2010. ITA NOS. 4732 & 4733/M/09 OM RESORTS P. LTD. 3 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A) CONCERNED. 4) THE CIT CONCERNED. 5) THE DEPARTMENTAL REPRESENTATIVE SMC BEN CH I.T.A.T. MUMBAI. BY ORDER //TRUE COPY// ASST. REGISTRAR I.T.A.T. MUMBAI. KV S.NO. DESCRIPTION DATE INTALS 1. DRAFT DICTATED ON 12.07.2010 SR.P.S./P.S 2. DRAFT PLACED BEFORE AUTHOR 12.07.2010 SR.P.S/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.P.S./PS SR.P.S./P.S 6. KEPT FOR PRONOUNCEMENT ON SR. P.S./P.S. 7. FILE SENT TO THE BENCH CLERK SR.P.S./P.S 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER