REVIVE SECURITIES PVT. LTD., MUMBAI v. ITO 3 (3)(1), MUMBAI

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH MUMBAI BEFORE SHRI S RIFAUR RAHMAN ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE JUDICIAL MEMBER ITA NO. 7267/MUM/2019 ( ASSESSMENT YEAR: 2006-07 ) REVIVE SECURITIES PVT LTD 70 MINT ROAD VERITAS HOUSE FORT MUMBAI 400001 / VS. ITO 3(3)(1) RNO 602 AAYAKAR BHAVAN M.K.ROAD MUMBAI- 400020 ./ ./ PAN/GIR NO. : AAACR3165L ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI RAKESH JOSHI.AR / RESPONDENT BY : SHRI RAJESH MISHRA. DR / DATE OF HEARING 20/05/2021 !'# / DATE OF PRONOUNCEMENT 24/05/2021 / O R D E R PER PAVAN KUMAR GADALE - JM: THE APPEAL FILED BY THE ASSESSEE IS AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) -8 MUMBAI PASSED U/S 143(3) R.W.S 147 AND 250 OF THE INCOME TAX ACT. ITA NO S. 7267 /MUM/2019 REVIVE SECURITIES PVT LTD MUMBAI. - 2 - 2. AT THE TIME OF HEARING THE LD.AR SUBMITTED THAT THE LDCIT(A) HAS PASSED AN EX-PARTE ORDER AND THE APPEAL HEARING NOTICES WERE SENT TO THE OLD ADDRESS OF THE ASSESSEE OFFICE AND THEREFORE COULD NOT APPEAR BEFORE THE APPELLATE AUTHORITY. FURTHER THE ASSESSE E HAS A GOOD CASE ON MERITS AND PRAYED FOR AN OPPORTUNITY OF HEARING BE PROVIDED TO THE ASSESSEE TO SUBSTANTIATE THE CASE WITH THE EVIDENCES AND EXPLANATIONS. CONTRA THE LD.DR HAS NO SPECIFIC OBJECTIONS. ACCORDINGLY WE SET ASIDE THE ORDER OF THE LDCIT(A) AND RESTORE THE DISPUTED ISSUES TO THE FI LE OF THE LDCIT(A) TO ADJUDICATE AFRESH ON MERITS AND PAS S A SPEAKING ORDER. FURTHER ADEQUATE OPPORTUNITY OF HEARING BE PROVIDED TO THE ASSESSEE. THE ASSESSEE SHOULD ALSO COOPERATE IN SUBMITTING THE INFORMATION FOR EARLY DISPOSAL OF THE APPEAL AND ALLOW THE GROU NDS OF APPEAL OF THE ASSESSEE FOR STATISTICAL PURPOSES. ITA NO S. 7267 /MUM/2019 REVIVE SECURITIES PVT LTD MUMBAI. - 3 - 3. IN THE RESULT THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 24.05.2021 SD/- SD/- ( S RIFAUR RAHMAN) (PAVAN KUMAR GADALE ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI DATED 24/05/2021 KRK PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. & '( ) / THE CIT(A) 4. ) ( ) / CONCERNED CIT 5. -. //'( '(# & / DR ITAT MUMBAI 6. .34 5 / GUARD FILE. / BY ORDER / //TRUE COPY// 1. / ( ASST. REGISTRAR) !' # / ITAT MUMBAI