No AI summary yet for this case.
Income Tax Appellate Tribunal, “SMC” BENCH,
Before: SHRI AMARJIT SINGH, JM & SHRI MANOJ KUMAR
O R D E R
PER AMARJIT SINGH, JM:
The assessee has filed the present appeal against the order dated 29.05.2019 passed by the Commissioner of Income Tax (Appeals)-30, Mumbai (hereinafter referred to as the “CIT(A)”) relevant to the A.Y.2011- 12.
The assessee has raised the following grounds: - “
1.1. On the facts and in the circumstances of the case and in law the Ld. Commissioner of Income Tax (Appeal)-30, Mumbai erred in enhancing the addition to Rs.17,89,397/- from Rs.2,23,675/- being Rs.17,89,397/- as 100% non-genuine purchases without appreciating the law, facts and circumstances of the case. The provisions of the Act ought to have been properly construed and regard being had to facts of the case no such addition should have been made. Reasons assigned by the Ld. Commissioner of Income Tax (Appeals)-30 are wrong and unlawful to justify the addition of Rs.17,89,397/-. The same to be deleted.
2. The order made under section 143(3) r.w.s. 147 of the Act by the learned Assessing Officer is bad-in-law, ultra virus and without appreciating the facts and law in their proper perspective and is liable to be annulled..”
3. We have heard the argument advanced by the Ld. Representative of the Department and has gone through the case carefully. We find that the CIT(A) has decided the matter of controversy in absence of the assessee and without giving an opportunity of being heard to the assessee in accordance with law, therefore, the finding of the CIT(A) is not justifiable, hence, is not liable to be sustained in the interest of justice. A proper and reasonable opportunity is required to be given to the assessee before the deciding the matter of controversy in accordance with law.
For this proposition we placed reliance upon the following case laws.
(1) CIT Vs. Premkumar Arjundas Luthra (HUF) (2017) 154 DTR (Bom) 302 (2) CIT Vs. S Chenniappa Mudaliar (1969) 74 ITR 1 (SC)
Accordingly in the interest of justice, we remit the issue raised in the appeal to the file of the Ld. CIT(A). Ld. CIT(A) is directed to consider the issue afresh and pass an order on the merits of the case after giving a proper opportunity of being heard to the assessee in accordance with law. Therefore, in the said circumstances, we are of the view that the order of the CIT(A) is not liable to be sustainable in the eyes of law, therefore, we set aside the finding of the CIT(A) on all the issues and restore the matter before the CIT(A) to decide the matter afresh by giving an opportunity of being heard to the assessee in accordance with law.
In the result, the appeal filed by the assessee is hereby allowed for statistical purposes. Order pronounced in the open court on 27/07/2021 Sd/- Sd/- (MANOJ KUMAR AGGARWAL) (AMARJIT SINGH) लेखध सदस्य / ACCOUNTANT MEMBER न्यधनिक सदस्य/JUDICIAL MEMBER मुंबई Mumbai; ददनांक Dated : 27/07/2021 Vijay Pal Singh (Sr. PS)