MIDASTOUCH HOLDINGS (P) LTD, MUMBAI v. THE DCIT CC-13, MUMBAI

ITSSA 74/MUM/2007 | misc
Pronouncement Date: 09-11-2011 | Result: Allowed

Appeal Details

RSA Number 7419916 RSA 2007
Assessee PAN AACCM3641C
Bench Mumbai
Appeal Number ITSSA 74/MUM/2007
Duration Of Justice 4 year(s) 6 month(s) 1 day(s)
Appellant MIDASTOUCH HOLDINGS (P) LTD, MUMBAI
Respondent THE DCIT CC-13, MUMBAI
Appeal Type Income Tax (Search & Seizure) Appeal
Pronouncement Date 09-11-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted I
Tribunal Order Date 09-11-2011
Date Of Final Hearing 02-11-2011
Next Hearing Date 02-11-2011
Assessment Year misc
Appeal Filed On 08-05-2007
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH I MUMBAI BEFORE SHRI B.R. MITTAL (JUDICIAL MEMBER) AND SHRI P.M. JAGTAP (ACCOUNTANT MEMBER) IT(SS)A NO. 74/MUM/2007 BLOCK PERIOD 01.04.1988 TO 28.04.1998 M/S. MIDASTOUCH HOLDINGS (P) LTD. PLOT NO. 45 GANPATI BHAVAN M.G. ROAD GOREGAON (W) MUMBAI PAN-AACCM 3641C THE DCIT-CC/13 AAYAKAR BHAVAN MUMBAI-400 020 (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI VIPUL B. JOSHI RESPONDENT BY: SHRI SANJIV DUTT DATE OF HEARING :2.11.2011 DATE OF PRONOUNCEMENT: 09.11.2011 O R D E R PER B.R. MITTAL JM : THE ASSESSEE HAS FILED THIS APPEAL FOR BLOCK PERIOD 1.4.1988 TO 28.4.1998 AGAINST ORDER OF LD. CIT(A) DT.22.2.2007 . 2. THE ASSESSEE HAS ALSO FILED AN ADDITIONAL GROUN D STATED THAT ASSESSING OFFICER FAILED TO ISSUE NOTICE U/S. 143(2) OF THE A CT WITHIN A PERIOD OF 12 MONTHS FROM THE END OF THE MONTH IN WHICH RETURN WA S FILED BY ASSESSEE. THE ASSESSEE STATED THAT THE SAID GROUND WAS NOT RAISE D BEFORE FIRST APPELLATE AUTHORITY AND IS BEING RAISED FOR THE FIRST TIME IN TRIBUNAL. IT IS STATED THAT THE SAID GROUND GOES TO THE ROOT /JURISDICTION OF BLOCK ASSESSMENT FRAMED BY AO AND THE SAME SHOULD BE CONSIDERED. THE ASSESSEE ALS O STATED THAT SAID GROUND COULD NOT BE TAKEN BY FIRST APPELLATE AUTHOR ITY DUE TO OVERSIGHT. 3. TO SUBSTANTIATE ITS SUBMISSION ASSESSEE REFERRE D PARA-2 OF THE ASSESSMENT ORDER STATING THAT AO ISSUED NOTICE U/S. 158BD R.W.S. 158BC OF IT(SS)A NO. 74/M/07 2 THE ACT WHICH WAS SERVED ON THE ASSESSEE ON 26.6.20 01 REQUIRING THE ASSESSEE TO FILE RETURN FOR THE BLOCK PERIOD UNDER CONSIDERATION. THE LD. AR SUBMITTED THAT THE SAID RETURN FILED ON 24 TH SEPTEMBER 2001 DECLARING TOTAL UNDISCLOSED INCOME OF RS. NIL. HE REFERRED PARA-5 OF ASSESSMENT ORDER AND SUBMITTED THAT NOTICE U/S. 143(2) ALONGWITH NOTICE U/S. 142(1) WERE ISSUED ON 25.06.2003 WHICH IS AFTER MORE THAN 12 MONTHS FROM THE END OF THE MONTH IN WHICH ASSESSEE FILED RETURN FOR THE BLOCK PERIOD. THE LD. AR SUBMITTED THAT ASSESSMENT ORDER FRAMED BY AO IS NULL AND VOID. 4. THE LD. DEPARTMENTAL REPRESENTATIVE SUBMITTED TH AT IT REQUIRES INVESTIGATION AND PERUSAL OF ASSESSMENT RECORD TO A SCERTAIN THE DATE WHEN RETURN WAS FILED BY ASSESSEE AND WHEN THE FIRST NOT ICE U/S. 143(2) OF THE ACT WAS ISSUED. 5. WE OBSERVE THAT ASSESSEE HAS TAKEN THIS GROUND A S ADDITIONAL GROUND BEFORE US DISPUTING THE VALIDITY OF ASSESSMENT ORDE R PASSED BY AO. THE ABOVE GROUND HAD NOT BEEN TAKEN BY ASSESSEE BEFORE THE FIRST APPELLATE AUTHORITY. WE AGREE WITH LD. AR THAT AO HAS TO ISS UE NOTICE U/S. 143(2) OF THE ACT WITHIN A PERIOD OF 12 MONTHS FROM THE END O F THE MONTH IN WHICH ASSESSEE FILED THE RETURN. THE HONBLE GUHATI HIGH COURT IN THE CASE OF SMT. BANDANA GOGOI VS COMMISSIONER OF INCOME-TAX 289 ITR 28 (GAU) THAT ISSUE OF NOTICE U/S. 143(2) IN THE CASE OF ASSESSMENT U/S . 158BC/143(3) IS MANDATORY. SINCE IT REQUIRES PERUSAL OF ASSESSMENT RECORDS AS TO WHEN AO ISSUED THE FIRST NOTICE U/S. 143(2) OF THE ACT AND THIS ISSUE HAD BEEN TAKEN FIRST TIME BEFORE US WE CONSIDER IT PRUDENT TO RES TORE THIS ISSUE TO THE FILE OF LD. CIT(A) TO DECIDE THE SAME AS PER LAW AFTER GIVI NG DUE OPPORTUNITY OF HEARING TO THE PARTIES. THEREFORE WE RESTORE THIS ISSUE TO THE FILE OF LD. CIT(A) TO DECIDE THE SAME AS PER LAW BY RECENT ORDE R. 6. SINCE THE ABOVE GROUND GOES TO THE ROOT OF THE A UTHORITY OF ASSESSMENT ORDER IT IS RESTORED TO THE FILE OF LD. CIT(A) FOR HIS CONSIDERATION WE DO NOT IT(SS)A NO. 74/M/07 3 FIND IT PRUDENT TO CONSIDER OTHER GROUND OF APPEAL TAKEN BY ASSESSEE DISPUTING THE ORDER OF LD. CIT(A). 7. IN THE RESULT APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON THIS 9 TH DAY OF NOVEMBER 2011 SD/- SD/- ( P.M. JAGTAP) (B.R. MITTAL ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI DATED 9 TH NOVEMBER 2011 RJ COPY TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT-CONCERNED 4. THE CIT(A)-CONCERNED 5. THE DR I BENCH TRUE COPY BY ORDER ASSTT. REGISTRAR I.T.A.T MUMBAI