AAYAS STEEL PRIVATE LTD,MUMBAI vs. INCOME TAX OFFICER -9(1) (1) , MUMBAI
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Income Tax Appellate Tribunal, MUMBAI BENCH “A”, MUMBAI
Before: SHRI S. RIFAUR RAHMAN, HONBLE & SHRI SANDEEP SINGH KARHAIL, HONBLEShri Prateek Jain Shri S. Anbuselvam
PER S. RIFAUR RAHMAN (AM) 1. This appeal is filed by the assessee against order of the Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [hereinafter in short “Ld.CIT(A)”] dated 13.06.2022 for the A.Y.2012-13.
2 ITA NO.1956/MUM/2022 (A.Y: 2012-13) Aayas Steel Private Limited 2. Assessee has raised following grounds in its appeal: - “The following grounds of appeal are without prejudice to one another. 1. On the facts and circumstance of the Appellant's case, Ld.CIT(A) erred in passing an ex-parte order, without affording the appellant an adequate opportunity of being heard. 2. On the facts and circumstance of the Appellant's case, Ld.CIT(A) erred in confirming the action of Id. A.O. in reopening the impugned assessment which is barred by limitation as per proviso to section 147 of the Act. 3. On the facts and circumstances of the case and in law, Ld.CIT(A) erred in confirming the action of Id. A.O. of issuing notice u/s 148 without proper sanction u/s 151 of the Act. 4. On the facts and circumstances of the case and in law, Ld.CIT(A) erred in confirming the action of ld. A.O. in making an addition on account of unsecured loan and loans advanced while the case was re-opened for verification of purchase of immovable property for which no addition has been made, for reasons mentioned in the impugned order or otherwise. 5. On the facts and circumstance of the Appellant's case the Ld. CIT(A) erred in confirming the action of ld. A.O. in treating the unsecured loan of Rs.2,51,50,000/- as unexplained credit, without considering the material available on record, for reasons stated in the impugned order or otherwise. 6. On the facts and circumstance of the Appellant's case the Ld. CIT(A) erred in confirming the action of Id. A.O. in treating the loans and advances amounting to Rs.83,36,625/- as unexplained investment, without considering the material available on record, for reasons stated in the impugned order or otherwise. 7. The appellant craves leaves to alter, amend, withdraw or substitute any ground or grounds or to add any new ground or grounds of appeal on or before the hearing
3 ITA NO.1956/MUM/2022 (A.Y: 2012-13) Aayas Steel Private Limited The appellant prays this Hon'ble Tribunal to delete the addition made by the Learned Assessing Officer, which is confirmed by the Learned CIT (A).”
At the outset, Ld. Counsel for the assessee submits that Ld.CIT(A) passed exparte order without providing adequate opportunity of being heard to the assessee, therefore, considering additions/disallowance made by the Assessing Officer Ld. Counsel for the assessee requested that the matter may be restored to the file of the Ld.CIT(A).
Ld. DR has no serious objection in remitting the matter back to the file of the Ld.CIT(A).
Considered the rival submissions and material placed on record, on a perusal of the Ld.CIT(A) order, we find that the even though the Ld.CIT(A) provided opportunity on several occasions assessee could not appear. Considering the totality of facts and submissions of the Ld. AR and keeping in view the additions/disallowance made by the Assessing Officer, we are of the opinion that assessee should be given one more opportunity of being heard. Thus, this appeal is restored to the file of the Ld.CIT(A) for denovo adjudication in accordance with law. Assessee shall cooperate with the proceedings before the Ld.CIT(A) without taking
4 ITA NO.1956/MUM/2022 (A.Y: 2012-13) Aayas Steel Private Limited unnecessary adjournments. Thus, this appeal is restored to the file of the Ld.CIT(A) accordingly.
In the result, appeal filed by the assessee is allowed for statistical purpose.
Order pronounced in the open court on 31st January, 2023
Sd/- Sd/- (SANDEEP SINGH KARHAIL) (S. RIFAUR RAHMAN) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai / Dated 31/01/2023 Giridhar, Sr.PS
Copy of the Order forwarded to: 1. The Assessee 2. The Respondent. 3. The CIT(A), Mumbai. 4. CIT 5. DR, ITAT, Mumbai 6. Guard file.
//True Copy// BY ORDER
(Asstt. Registrar) ITAT, Mum
