M/S RANA ADVERTISING & MARKETING PVT LTD.(NOW MERGED WITH M/S NOVUS TRADESTAR PVT LTD),MUMBAI vs. ITO 15 (3)(1), MUMBAI

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ITA 8065/MUM/2019Status: DisposedITAT Mumbai21 October 2021AY 2011-123 pages
AI SummaryRemanded

What did the Tribunal hold?

The ITAT set aside the CIT(A)'s ex-parte order and restored the issue back to the CIT(A)'s file for fresh adjudication. The assessee was granted one more opportunity to present its case.

What were the facts?

The assessee's appeal before the CIT(A) was decided ex-parte. The main issue was an addition of Rs. 1,80,75,288/- as unexplained cash credit. The ITAT noted that the CIT(A) order was passed ex-parte.

What were the issues?

Whether the CIT(A) was justified in passing an ex-parte order without affording proper opportunity to the assessee, and whether the addition of cash credit was sustainable.

Which sections of the Income-tax Act were involved?

Section 68

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCHES “D”, MUMBAI

Before: SHRI PRAMOD KUMAR, HON’BLE & SHRI SAKTIJIT DEY, HON’BLE

For Respondent: Shri Avneesh Tiwari (CIT DR)
Hearing: 12/10/2021Pronounced: 21/10/2021

O R D E R

PER SAKTIJIT DEY, JM

1.

This is an appeal by the assessee against order dated 24.10.2019 of learned Commissioner of Income Tax (Appeals)-24, Mumbai for the assessment year 2011-12.

2.

When the appeal was called for hearing, no one was present for the assessee. However, considering the fact that impugned order of learned Commissioner (Appeals) was passed ex-parte, the appeal was taken up for hearing in absence of the assessee and disposed of based on materials on record.

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