SHAHZAAD S. DALAL, MUMBAI v. ADDL CIT 13(1), MUMBAI

ITA 5417/MUM/2009 | 2006-2007
Pronouncement Date: 25-03-2011 | Result: Partly Allowed

Appeal Details

RSA Number 541719914 RSA 2009
Assessee PAN AFKPD9537P
Bench Mumbai
Appeal Number ITA 5417/MUM/2009
Duration Of Justice 1 year(s) 5 month(s) 26 day(s)
Appellant SHAHZAAD S. DALAL, MUMBAI
Respondent ADDL CIT 13(1), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 25-03-2011
Appeal Filed By Assessee
Order Result Partly Allowed
Bench Allotted E
Tribunal Order Date 25-03-2011
Date Of Final Hearing 22-02-2011
Next Hearing Date 22-02-2011
Assessment Year 2006-2007
Appeal Filed On 29-09-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH E MUMBAI BEFORE SHRI S.V. MEHROTRA (AM) & SHRI VIJAY PAL RA O (JM) I.T.A.NO.5417/MUM/2009 (A.Y. 2006-07) ) SHRI SHAHZAAD S. DALAL C/O. IL & FS INVESTMENT MANAGERS LTD. THE IL & FS FINANCIAL CENTRE C-22 G-BLOCK BANDRA KURLA COMPLEX BANDRA (E) MUMBAI-51. PAN: AFKPD 9537 P VS. ADDL. COMMR. OF INCOME-TAX-13(1) AAYKAR BHAVAN MUMBAI-20. APPELLANT RESPONDENT APPELLANT BY SHRI D.V . LAKHANI. RESPONDENT BY SHRI S.K. S INGH. O R D E R PER S.V. MEHROTRA AM : THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF CIT(A)-XIII MUMBAI DATED 27-07-2009 IN RELATION TO THE ASSTT. YEAR 2006-07. 2. THE ASSESSEE FILED HIS RETURN OF INCOME DECLARIN G TOTAL INCOME AT RS.1 30 56 530/- BEING INCOME FROM SALARY HOUSE PR OPERTY SHORT-TERM CAPITAL GAINS LONG-TERM CAPITAL GAINS AND INCOME FROM OTHE R SOURCES. THE ASSESSMENT WAS COMPLETED AT TOTAL INCOME OF RS.1 62 10 620/- A FTER MAKING VARIOUS ADDITIONS/DISALLOWANCES. 3. THE ASSESSEE PREFERRED APPEAL BEFORE THE LD. CIT )A) WHO AFTER GIVING VARIOUS NOTICES DECIDED THE ASSESSEES APPEAL EX P ARTE AS THE ASSESSEE WAS OUT OF TOWN AND DISMISSED THE SAME INTER ALIA OBSERVI NG THAT THE ASSESSEE WAS NOT INTERESTED IN DEFENDING HIS CASE. 4. THE ASSESSEE HAS INTER ALIA TAKEN THE FOLLOWIN G GROUND OF APPEAL : ITA NO.5417/M/09 SHAHZAAD S.DALAL 2 2) THE APPELLANT PRAYS THAT TH APPEAL MAY BE RESTO RED TO THE FILE OF THE COMMR. OF INCOME-TAX FOR AN EFFECTIVE HEARING A ND AN OPPORTUNITY MAY BE GIVEN TO THE APPELLANT TO REPRES ENT THE MATTER. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS RESIDING OUTSIDE INDIA AND THEREFORE THE PROCEEDINGS BEFORE THE CIT (A) COULD NOT BE ATTENDED. 5. HAVING HEARD BOTH THE PARTIES WE FIND THAT BEFO RE THE LD. CIT(A) ADJOURNMENT APPLICATIONS WERE MOVED FROM TIME TO TI ME ON THE GROUND THAT THE ASSESSEE WAS OUT OF TOWN. THE LD. CIT(A) INFERRED T HAT THE ASSESSEE WAS NOT INTERESTED IN PROSECUTING AND DEFENDING HIS APPEAL. KEEPING IN VIEW THE ABSENCE OF ASSESSEE IN THE TOWN WE ARE OF THE VIEW THAT AS SESSEE WAS PREVENTED BY REASONABLE CAUSE FROM APPEARING BEFORE THE CIT(A). WE THEREFORE IN ORDER IMPART SUBSTANTIAL JUSTICE TO THE ASSESSEE RESTORE THE MATTER TO THE FILE OF CIT(A). HE IS DIRECTED TO DECIDE THE APPEAL DE NOVO . 6. IN THE RESULT THE APPEAL IS ALLOWED FOR STATIS TICAL PURPOSES. ORDER PRONOUNCED ON THE 25TH DAY OF MARCH 2011. SD/- SD/- (VIJAY PAL RAO) (S.V. MEHROTRA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI: 25TH MARCH 2011. NG: COPY TO : 1. ASSESSEE. 2. DEPARTMENT. 3 CIT(A)-XIII MUMBAI. 4 CIT-13 MUMBAI. 5.DR E BENCH MUMBAI. 6.MASTER FILE. (TRUE COPY) BY ORDER ASST.REGISTRAR ITAT MUMBAI. ITA NO.5417/M/09 SHAHZAAD S.DALAL 3 DETAILS DATE INITIALS DESIGNA TION 1. DRAFT DICTATED ON 25-02-11 SR.PS/ 2. DRAFT PLACED BEFORE AUTHOR 14-03-11 SR.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/ 6. KEPT FOR PRONOUNCEMENT ON SR.PS/ 7. FILE SENT TO THE BENCH CLERK SR.PS/ 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9. DATE ON WHICH FILE GOES TO THE AR ITA NO.5417/M/09 SHAHZAAD S.DALAL 4 10. DATE OF DISPATCH OF ORDER