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Income Tax Appellate Tribunal, “D” BENCH, MUMBAI
Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
आयकरअपील सं./ (िनधा"रण वष" / Assessment Year: 2012-13) M/s Designer World Pvt. Ltd. ITO-9(3)(1) बनाम/ 603/604, Sundervan Mumbai A/4, Off Lokhandwala Road Vs. Mumbai – 400 053 "थायीलेखासं./जीआइआरसं./PAN/GIR No. AACCD-7027-P (अपीलाथ"/Appellant) (""थ" / Respondent) : Assessee by : None Revenue by : Shri Rajendra Joshi-Sr.DR सुनवाई की तारीख/ : 27/05/2021 Date of Hearing घोषणा की तारीख / : 01/06/2021 Date of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aggrieved by confirmation of certain addition during Assessment Year (AY) 2012-13, the assessee is in further appeal before us. Though none appeared for assessee, however, after going through impugned order, it could be observed that the assessee could not effectively substantiate his stand before any of the lower authorities which resulted into framing of a ‘best judgment’ assessment u/s 144 which was later on confirmed by learned first appellate authority.
The Ld. Sr. DR pleaded for dismissal of appeal. However, keeping in view the principle of natural justice, the bench deem it fit to grant another opportunity to the assessee to defend his stand. Accordingly, the impugned order is set aside and the matter of assessment is set-aside to the file of Ld. AO for making fresh assessment after granting opportunity of hearing to the assessee.
The appeal stand allowed for statistical purposes.