MANALI INVESTMENTS & FIANACE P. LTD, MUMBAI v. ACIT CEN CIR 34, MUMBAI

ITA 4763/MUM/2009 | 2006-2007
Pronouncement Date: 29-07-2011 | Result: Allowed

Appeal Details

RSA Number 476319914 RSA 2009
Assessee PAN AAACM8011G
Bench Mumbai
Appeal Number ITA 4763/MUM/2009
Duration Of Justice 1 year(s) 11 month(s) 11 day(s)
Appellant MANALI INVESTMENTS & FIANACE P. LTD, MUMBAI
Respondent ACIT CEN CIR 34, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 29-07-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted H
Tribunal Order Date 29-07-2011
Date Of Final Hearing 12-07-2011
Next Hearing Date 12-07-2011
Assessment Year 2006-2007
Appeal Filed On 17-08-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H MUMBAI BEFORE SHRI P.M.JAGTAP ACCOUNTANT MEMBER & SHRI R.S. PADVEKAR JUDICIAL MEMBER. I.T.A. NO. 4762/MUM/2009. ASSESSMENT YEAR : 2006-07 MATSYAGANDHI INVESTMENT & ASSTT. COMMISSIONER OF FINANCE P. LTD. VS. INCOME-TAX CENTRAL CIRCLE-34 RAHEJAS CORNOR OF MAIN AVENUE MUMBAI. & V.P. ROAD SANTACRUZ (W) MUMBAI 400 054. PAN AAACM8011G APPELLANT. RESPONDENT. AND I.T.A. NO. 4763/MUM/2009 ASSESSMENT YEAR : 2006-07. MANALI INVESTMENTS & FINANCE P.LTD. ASSTT. COMMISSIONER OF MUMBAI 400 054. VS. INCOME-TAX CENTRAL CIRCLE-34 PAN AAACM 9616P MUMBAI. APPELLANT. RESPONDENT. APPELLANT BY : SHRI K.R. LAKSHMI NARAYAN. RESPONDE NT : SHRI M.R. KUBAL. O R D E R. PER P.M. JAGTAP A.M. : THESE TWO APPEALS FILED BY THE TWO ASSESSEES ARE D IRECTED AGAINST THE COMMON ORDER OF LEARNED CIT(APPEALS)-VI MUMBAI DAT ED 01-06-2009 WHEREBY HE DISMISSED THEIR APPEALS EXPARTE ON MERITS CONFIR MING THE ADDITIONS MADE TO THE TOTAL INCOME IN THE ASSESSMENTS COMPLETED U/S 143(3 ). 2 ITA NOS.4762&4763/MUM/2009 ASSESSMENT YEAR : 2006-07. 2. THE ASSESSEES IN THE PRESENT CASE ARE FINANCE AN D INVESTMENT COMPANIES. IN THE ASSESSMENTS COMPLETED U/S 143(3) THE AO MADE C ERTAIN ADDITIONS TO THE INCOME RETURNED BY THEM. AGAINST THE SAID ORDERS T HE ASSESSEES PREFERRED THEIR APPEAL BEFORE THE LEARNED CIT(APPEALS) WHO DISMISSE D THE SAME BY A COMMON ORDER DATED 0-06-2009 PASSED EXPARTE CONFIRMING TH E ADDITIONS MADE BY THE AO TO THE TOTAL INCOME OF THE ASSESSEES. AGGRIEVED BY THE ORDER OF THE LEARNED CIT(APPEALS) THE ASSESSEES HAVE PREFERRED THESE AP PEALS BEFORE THE TRIBUNAL. 3. IN THE PRELIMINARY ISSUE RAISED IN THESE APPEALS THE ASSESSEES HAVE CHALLENGED THE ORDER OF THE LEARNED CIT(APPEALS) PA SSED EXPARTE ON THE GROUND THAT PROPER AND SUFFICIENT OPPORTUNITY WAS NOT AFFORDED TO THEM BY THE LEARNED CIT(APPEALS) RESULTING INTO VIOLATION OF PRINCIPLES OF NATURAL JUSTICE. 4. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES ON THIS PRELIMINARY ISSUE AND ALSO PERUSED THE RELEVANT MATERIAL ON RECORD. IT IS OBSERVED THAT THE APPEALS OF THE ASSESSEES WERE FIXED FOR HEARING BY THE LEARNED CIT (APPEALS) INITIALLY ON 19-03- 2009. THE ASSESSEES HOWEVER SOUGHT ADJOURNMENT ON THE GROUND THAT THE NECESSARY DETAILS REQUIRED FOR DISPOSAL OF THE SAI D APPEALS WERE BEING COLLECTED. THE HEARING THEREFORE WAS ADJOURNED TO 02-04-2009 . AS MENTIONED BY THE ASSESSEES IN THE RELEVANT GROUND RAISED IN THESE AP PEALS AND FURTHER REITERATED BY THE LEARNED COUNSEL FOR THE ASSESSEES BEFORE US THE HE ARING ON 02-04-2009 COULD NOT BE PROCEEDED WITH AS THE LEARNED CIT(APPEALS) WAS ON E LECTION DUTY ON THE SAID DATE. THEREAFTER THE APPEALS OF THE ASSESSEES WERE FIXED FOR HEARING BY THE LEARNED CIT(APPEALS) ON 27-05-2009 AND SINCE NOBODY APPEARE D ON BEHALF OF THE ASSESSEES ON THE SAID DATE THE LEARNED CIT(APPEALS) PROCEEDE D TO DISPOSE OF THE APPEALS OF THE ASSESSEES EXPARTE ON MERITS ON THE BASIS OF MAT ERIAL AVAILABLE ON RECORD. 3 ITA NOS.4762&4763/MUM/2009 ASSESSMENT YEAR : 2006-07. 5. KEEPING IN VIEW ALL THE FACTS NARRATED ABOVE WE ARE OF THE VIEW THAT PROPER AND SUFFICIENT OPPORTUNITY CANNOT BE SAID TO HAVE B EEN AFFORDED BY THE LEARNED CIT(APPEALS) TO THE ASSESSEES BEFORE DISPOSING OF T HEIR APPEALS EXPARTE AND TO THIS EFFECT THE IMPUGNED ORDER PASSED BY HIM IS IN VIOL ATION OF THE PRINCIPLES OF NATURAL JUSTICE. WE THEREFORE DEEM IT FAIR AND PROPER AN D IN THE INTERESTS OF JUSTICE TO SET ASIDE THE SAID ORDER AND RESTORE THE MATTERS TO THE FILE OF THE LEARNED CIT(APPEALS) WITH A DIRECTION TO DISPOSE OF THE APPEALS OF THE ASSESSEES ON MERIT AFRESH AFTER GIVING PROPER AND REASONABLE OPPORTUNITY OF BEING H EARD TO THE ASSESSEES. 6. IN THE RESULT THE APPEALS OF THE ASSESSEES ARE TREATED AS ALLOWED FOR STATISTICAL PURPOSES. . ORDER PRONOUNCED ON THIS 29 TH DAY OF JULY 2011. SD/- SD/ - (R.S. PADVEKAR) (P.M. JAGTAP) JUDICIAL MEMBER A CCOUNTANT MEMBER MUMBAI DATED: 29 TH JULY 2011. WAKODE COPY TO : 1. APPELLANT 2. RESPONDENT 3. C.I.T. 4. CIT(A) 5. DR H-BENCH. (TRUE COPY ) BY ORD ER ASSTT. R EGISTRAR ITAT MUMBAI BEN CHES MUMBA I.