ITO 1(1)(2), MUMBAI v. CRYSTAL HOSPITALITY SERVICES P.TLD, MUMBAI

ITA 5634/MUM/2014 | 2010-2011
Pronouncement Date: 26-10-2016

Appeal Details

RSA Number 563419914 RSA 2014
Assessee PAN AABCC4312R
Bench Mumbai
Appeal Number ITA 5634/MUM/2014
Duration Of Justice 2 year(s) 1 month(s) 20 day(s)
Appellant ITO 1(1)(2), MUMBAI
Respondent CRYSTAL HOSPITALITY SERVICES P.TLD, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 26-10-2016
Appeal Filed By Department
Bench Allotted C
Tribunal Order Date 26-10-2016
Date Of Final Hearing 26-10-2016
Next Hearing Date 26-10-2016
Assessment Year 2010-2011
Appeal Filed On 05-09-2014
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH MUMBAI BEFORE SHRI B.R. BASKARAN (AM) & SHRI PAWAN SINGH (JM) I.T.A. NO. 5634 /MUM/ 2014 (ASSESSMENT YEAR 20 1 0 - 11 ) ITO - 1(1) - 2 ROOM NO. 534/579 AAYAKAR BHAVAN M.K. ROAD MUMBAI - 400 020. M/S. CRYSTAL HOSPITALI TY SERVICES PVT. LTD. 6 STADIUM HOUSE 81/83 VEER NARIMAN ROAD CHURCHGATE MUMBAI - 400 020. ( APPELLANT ) ( RESPONDENT ) PAN NO . AABCC4312R ASSESSEE BY NONE DEPARTMENT BY MS. BHARTI SINGH DATE OF HEARING 2 6 .10 . 201 6 DATE OF PRONOUNCEMENT 26 .1 0. 201 6 O R D E R PER B.R. BASKARAN (AM) : - THE APP E AL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 27.6.2014 PASSED BY THE LEARNED CIT(A) - 1 MUMBAI AND IT RELATES TO A.Y. 2010 - 11. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE EVEN THOUGH N OTICE WAS ISSUED BY REGISTERED POST ON MORE THAN ONE OCCASION. HENCE WE PROCEED TO DISPOSE OF THE ASSESSEE EX - PARE WITHOUT PRESENCE OF THE ASSESSEE. 3. WE HAVE HEARD LEARNED DEPARTMENTAL REPRESENTATIVE AND PERUSED THE RECORD. THE REVENUE IS CONTESTING R ELIEF GRANTED BY THE LEARNED CIT(A) IN RESPECT OF ADDITION OF ` 50 00 000/ - MADE BY THE ASSESSING OFFICER U/S. 41(1) OF THE ACT ON ACCOUNT OF CESSATION OF LIABILITY STANDING IN THE NAME OF M/S HOTEL RUGBY LTD. M/S. CRYSTAL HOSPITALITY SERVICES PVT. LTD. 2 4. L EARNED DEPARTMENTAL REPRESENTATIVE SUBMI TTED THAT THE BOOKS OF ACCOUNT OF THE ASSESSEE SHOWED THAT A SUM OF ` 50 00 000/ - WAS PAYABLE TO HOTEL RUGBY LTD. THE ASSESSING OFFICER CALLED FOR THE ACCOUNT COPY OF THE ASSESSEE AS APPEARING IN THE BOOKS OF ACCOUNT OF HOTEL RUGBY LTD. AND NOTICED THAT NO SUCH AMOUNT OF ` 50 00 000/ - WAS SHOWN AS RECEIVABLE FROM ASSESSEE AS ON 31.3.2010. ACCORDINGLY THE ASSESSING OFFICER ASSESSED AN AMOUNT OF ` 50 00 000/ - AS CESSATION OF LIABILITY U/S. 41(1) OF THE ACT. LEARNED DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THE LEARNED CIT(A) HAS DELETED THE ADDITION WITHOUT CONFRONTING MATERIAL TO THE ASSESSING OFFICER. SHE FURTHER SUBMITTED THAT THE ASSESSEE HAS NOT FURNISHED ANY RECONCILIATION STATEMENT RECONCILING THE DIFFERENCE BETWEEN THE ASSESSEES BOOK AND BOOKS OF OTHER PARTY. 5. HAVING HEARD THE SUBMISSION MADE BY LEARNED DEPARTMENTAL REPRESENTATIVE WE ARE OF THE VIEW THAT THIS ISSUE REQUIRES FRESH EXAMINATION AT THE END OF THE ASSESSING OFFICER. ACCORDINGLY WE SET ASIDE THE ORDER PASSED BY THE LEARNED CIT (A) ON THIS ISSUE AND RESTORE THE SAME TO THE FILE OF THE ASSESSING OFFICER WITH THE DIRECTION TO EXAMINE THE SAME AFRESH BY CONSIDERING ALL MATERIAL THAT WERE ALREADY FILED AND THAT MAY ALSO BE FILED BEFORE HIM. 6. IN THE RESULT APPEAL FILED BY THE REVE NUE IS ALLOWED FOR STA TISTI CAL PURPOSES. ORDER HAS BE EN PRONOUNCED IN THE COURT ON 2 6 .10 .2016 SD/ - SD/ - (PAWAN SINGH) (B.R.BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBA I ; DATED : 2 6 / 10 / 20 1 6 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT M/S. CRYSTAL HOSPITALITY SERVICES PVT. LTD. 3 5. DR ITAT MUMBAI 6. GUARD FILE. BY ORDER //TRUE COPY// ( DY./ASSTT. REGISTRAR) ITAT MUMBAI PS