ART CAPITAL ADVISORY (INDIA) PRIVATE LIMITED,MUMBAI vs. INCOME TAX OFFICER WARD 6(1)(1), MUMBAI
| आयकर अपीलीय अिधकरण ायपीठ, मुंबई |
IN THE INCOME TAX APPELLATE TRIBUNAL
“A” BENCH, MUMBAI
BEFORE SHRI NARENDRA KUMAR BILLAIYA, HON’BLE ACCOUNTANT MEMBER
&
MS. KAVITHA RAJAGOPAL, HON’BLE JUDICIAL MEMBER
I.T.A. No. 1072/Mum/2025
Assessment Year: 2018-19
Art Capital Advisory (India) Private
Limited
8th Floor, South Annex B2
One Indiabulls Centre
Lower Parel
Mumbai – 400013
Maharashtra - 400013
[PAN: AADCR6249L]
Vs
Income Tax Officer, Ward –
6(1)(1), Mumbai
अपीलाथ/ (Appellant)
यथ/ (Respondent)
Assessee by :
Shri Dharan Gandhi, A/R
Revenue by :
Shri Ram Krishn Kedia, Sr. D/R
सुनवाई की तारीख/Date of Hearing : 26/03/2025
घोषणा की तारीख /Date of Pronouncement: 26/03/2025
आदेश/O R D E R
PER NARENDRA KUMAR BILLAIYA, AM:
This appeal by the assessee is preferred against the order dated
12/06/2024 by NFAC, Delhi [hereinafter “the ld. CIT(A)”], pertaining to AY 2018-19. 2. The sum and substance of the grievance of the assessee is that, the ld. CIT(A)/NFAC has erred in passing the impugned order ex- parte and not providing sufficient and reasonable opportunity of being heard to the assessee. The assessee is also aggrieved by the addition of Rs. 1,67,14,825/- made by the AO.
3. The appeal is barred by limitation. The assessee has filed affidavit explaining the cause for delay. Considering the contents of the affidavit, the delay is condoned.
I.T.A. No. 1072/Mum/2025
2
A perusal of the order of the ld. CIT(A) shows that, the ld. CIT(A), though gave notices to the assessee but on no attendance, framed the impugned order ex-parte drawing support from the decision in the case of Commissioner of Income-Tax vs Multiplan India (P.) Ltd. [1991] 38 ITD 320 (DELHI). 5. We are of the considered view that the ld. CIT(A) ought to have decided the appeal on merits of the case. Therefore, we deem it fit to restore the appeal to the files of the ld. CIT(A) with a direction to decide the appeal on merits of the case afresh, after affording a reasonable and adequate opportunity of being heard to the assessee. 6. In the result, appeal of the assesse is allowed for statistical purposes. Order pronounced in the Court on 26th March, 2025 at Mumbai. (MS. KAVITHA RAJAGOPAL) ACCOUNTANT MEMBER
Mumbai, Dated 26/03/2025
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आदेश की ितिलिप अेिषत /Copy of the Order forwarded to :
अपीलाथ / The Appellant 2. थ / The Respondent 3. संबंिधतआयकरआयु! / Concerned Pr. CIT 4. आयकरआयु! ) अपील ( / The CIT(A)- 5. िवभागीय ितिनिध ,आयकर अपीलीय अिधकरण, मुंबई /DR,ITAT, Mumbai, 6. गाड% फाई/ Guard file.
आदेशानुसार/ BY ORDER