SAVANNAH PHOENIX PVT LTD ,MUMBAI vs. ITO WARD 5(3)(1), MUMBAI

| आयकर अपीलीय अिधकरण ायपीठ, मुंबई |
IN THE INCOME TAX APPELLATE TRIBUNAL
“G” BENCH, MUMBAI

BEFORE SHRI SAKTIJIT DEY, HON’BLE VICE PRESIDENT
&
SHRI NARENDRA KUMAR BILLAIYA, HON’BLE ACCOUNTANT MEMBER

I.T.A. No. 297/Mum/2025
Assessment Year: 2014-15

Savannah Phoenix Private Limited
C/o Marketcity Resources Private
Limited
Shree Laxmi Woolen Mills Estate
RR Hosiery Bldg
2nd Floor, Mahalaxmi
Mumbai - 400011
[PAN: AASCS0243C]
Vs
Assessment unit, Income
Tax Department (Faceless
Assessment)
अपीलाथ/ (Appellant)
 यथ/ (Respondent)

Assessee by :
Shri Vijay Mehta, A/R
Revenue by :
Shri Dr. Kishor Dhule, CIT D/R

सुनवाई की तारीख/Date of Hearing : 13/03/2025
घोषणा की तारीख /Date of Pronouncement: 13/03/2025

आदेश/O R D E R

PER NARENDRA KUMAR BILLAIYA, AM:

This appeal by the assessee is preferred against the order dated 29/07/2024 by NFAC, Delhi, [hereinafter ‘the ld. CIT(A)’]
pertaining to AY 2014-15. 2. The sum and substance of the grievance of the assessee is that the ld. CIT(A) erred in confirming the addition of Rs.1,25,76,245/- made u/s 68 of the Act by an ex-parte order. The assessee has also challenged the validity of the assessment claiming that the re-opening proceedings are bad in law.
3. Appeal is late by 111 days. The assessee has filed an affidavit stating the facts relating to the delay in filing the appeal. We have carefully considered the contents of the facts and are convinced that the I.T.A. No. 297/Mum/2025
2

assessee was prevented by reasonable and sufficient cause from filing the appeal in time. Delay is condoned.
4. A perusal of the order of the ld. CIT(A) shows that the appeal has been dismissed in limine relying upon the decision of the Tribunal 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, in the interest of justice and fairplay, we restore the issues to the file of the ld. CIT(A) to be decided afresh on merits, after affording a reasonable and adequate opportunity of being heard to the assessee.
6. In the result, appeal of the assessee is allowed for statistical purposes.

Order pronounced in the Court on 13th March, 2025 at Mumbai. (SAKTIJIT DEY)

(NARENDRA KUMAR BILLAIYA)
VICE-PRESIDENT

ACCOUNTANT MEMBER

Mumbai, Dated 13/03/2025
*SC SrPs
*SC SrPs
*SC SrPs
*SC SrPs

आदेश की ितिलिप अेिषत /Copy of the Order forwarded to :

आदेशानुसार/ BY ORDER