OHIRO REAL ESTATE PRIVATE LIMITED,FORT, MUMBAI vs. INCOME TAX OFFICER, 7(3)(1), NEW MARINE LINES, CHURCHGATE, MUMBAI

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ITA 3658/MUM/2024Status: DisposedITAT Mumbai23 January 2025AY 2011-12Bench: SHRI ANIKESH BANERJEE (Judicial Member), SHRI PRABHASH SHANKAR (Accountant Member)5 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal, acknowledging the assessee's non-cooperation but emphasizing the principle of effective hearing and natural justice, allowed the appeal for statistical purposes. It remanded the matter back to the CIT(A) for a fresh de novo consideration, instructing to provide proper opportunity of hearing to the assessee.

What were the facts?

The assessee's bank account showed an unexplained credit of Rs 25 lakh, assessed under Section 68. The CIT(A) dismissed the assessee's appeal ex-parte due to alleged non-compliance with hearing notices and failure to provide details.

What were the issues?

Whether the CIT(A) correctly dismissed the appeal ex-parte for non-compliance, and if an effective opportunity of hearing under the principles of natural justice was adequately provided.

Which sections of the Income-tax Act were involved?

Section 68,Section 147,Section 143(3),Section 250

AI-generated summary — verify with the full judgment below

Before: SHRI ANIKESH BANERJEE & SHRI PRABHASH SHANKAR

For Appellant: Shri Rajesh Shah, AR
For Respondent: Shri Pravin Salunkhe (Sr. DR)
Hearing: 22.01.2025Pronounced: 23.01.2025

आदेश की प्रयियलयि अग्रेयिि/Copy of the Order forwarded to : 1. अपीलार्थी / The Appellant 2. प्रत्यर्थी / The Respondent. 3. आयकर आयुक्त / CIT 4. विभागीय प्रविविवि, आयकर अपीलीय अविकरण DR, ITAT, Mumbai

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