M/S. IRISHMAN STEELS PVT. LTD (NOW MERGED WITH AZURA PROJECTS PVT. LTD), MUMBAI v. ASSISTANT COMMISSIONER OF INCOME TAX-12(1)(1), MUMBAI

ITA 5442/MUM/2019 | 2011-2012
Pronouncement Date: 15-03-2021 | Result: Allowed

Appeal Details

RSA Number 544219914 RSA 2019
Bench Mumbai
Appeal Number ITA 5442/MUM/2019
Duration Of Justice 1 year(s) 6 month(s) 24 day(s)
Appellant M/S. IRISHMAN STEELS PVT. LTD (NOW MERGED WITH AZURA PROJECTS PVT. LTD), MUMBAI
Respondent ASSISTANT COMMISSIONER OF INCOME TAX-12(1)(1), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 15-03-2021
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted SMC
Tribunal Order Date 15-03-2021
Last Hearing Date 15-03-2021
First Hearing Date 15-03-2021
Assessment Year 2011-2012
Appeal Filed On 21-08-2019
Judgment Text
1 - IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH MUMBAI BEFORE HONBLE SHRI SAKTIJIT DEY JM AND HONBLE SHRI MANOJ KUMAR AGGARWAL AM (HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO.5442/MUM/2019 ( / ASSESSMENT YEAR: 2011-12) M/S IRI S HMAN STEELS PVT. LTD. (NOW MERGED WITH AZURA PROJECTS PVT LTD.) 55. THE MALAD CHS PODDAR ROAD MALAD MUMBAI 400097 / VS. ACIT - 12(1)(1) AAYKAR BHAWAN M.K.ROAD MUMBAI 400 020 $% # ./ # ./PAN/GIR NO. AABCI-2110-D ( ' %' /APPELLANT ) : ( ()%' / RESPONDENT ) ASSESSEE BY : NONE REVENUE BY : MS. SMITA VERMA LD. SR. DR / DATE OF HEARING : 15/03/2021 / DATE OF PRONOUNCEMENT : 15/03/2021 / O R D E R PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AT THE TIME OF HEARING OF THIS APPEAL NONE APPE ARED FOR ASSESSEE. THE LD. DR PLEADED FOR DISMISSAL OF APPEAL BY POINT ING OUT THAT THE ASSESSEE FAILED TO APPEAR BEFORE FIRST APPELLATE AU THORITY ALSO. 2. ALTHOUGH WE CONCUR WITH LD. DRS SUBMISSIONS HO WEVER KEEPING IN VIEW THE PRINCIPLE OF NATURAL JUSTICE THE BENCH DEEMS IT FIT TO PROVIDE ANOTHER OPPORTUNITY TO THE ASSESSEE TO SUBSTANTIATE ITS CASE BEFORE 2 LEARNED FIRST APPELLATE AUTHORITY. THEREFORE IMPUG NED ORDER IS SET-ASIDE AND THE MATTER IS RESTORED BACK TO THE FILE OF LD. CIT(A) FOR RE- ADJUDICATION AFTER PROVIDING ANOTHER OPPORTUNITY OF HEARING TO THE ASSESSEE. THE ASSESSEE IN TURN IS DIRECTED TO SUB STANTIATE ITS CLAIM FAILING WHICH LD. CIT(A) SHALL BE AT LIBERTY TO PRO CEED WITH ADJUDICATION ON THE BASIS OF MATERIAL ON RECORD. 3. THE APPEAL STANDS ALLOWED FOR STATISTICAL PURPOS E. ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH MARCH 2021. SD/- SD/- (SAKTIJIT DEY) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 15/03/2021 SR.PS JAISY VARGHESE ! / COPY OF THE ORDER FORWARDED TO : 1. ' %'/ THE APPELLANT 2. ()%'/ THE RESPONDENT 3. (' ) / THE CIT(A) 4. / CIT CONCERNED 5. YZ ([ ' [ / DR ITAT M UMBAI 6. Z]_ / GUARD FILE / BY ORDER / (DY./ASSTT.REGISTRAR) / ITAT MUMBAI.