M/S.AMBITIONS FLYING CLUB PRIVATE LIMITED,MUMBAI vs. DCIT 12(1)(1), MUMBAI

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ITA 4615/MUM/2018Status: DisposedITAT Mumbai08 April 2021AY 2014-153 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeals. It also granted the assessee one more opportunity to substantiate its case before the CIT(A) with evidence, considering principles of natural justice.

What were the facts?

The assessee filed appeals before the ITAT with a delay. The CIT(A) had passed an ex-parte order, and the assessee sought an opportunity to present evidence.

What were the issues?

Whether the assessee should be granted an opportunity to present evidence before the CIT(A) after an ex-parte order was passed. Whether the delay in filing the appeal should be condoned.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, MUMBAI

Before: SHRI SHAMIM YAHYA & SHRI PAVAN KUMAR GADALE

For Appellant: Shri Jubin Shah, AR
For Respondent: Shri Azar Zain, DR
Hearing: 07.04.2021Pronounced: 08.04.2021

O R D E R PER PAVAN KUMAR GADALE JM: These are the appeals filed by the assessee against the separate orders of the CIT(A)-20, Mumbai passed under Sec. 143(3) and 250 of the Act.

1.

2.At the time of hearing,the Ld.AR of the assessee submitted that there is a delay in filing both the appeals before the Honble Tribunal and the assessee has filed & 4616/Mum/2018 M/s. Ambitions Flying Club Pvt ltd.,, Mumbai, - 2 - petition for condonation of delay alongwith affidavit. Further, the Ld CIT(A) has passed an ex-parte order and the assessee has to file evidences on the disputed issues, which goes to the roots of the case and prayed for an opportunity to substantiate the case before the CIT(A).Contra, the Ld.DR has no specific objections

3.

We heard the rival submissions and perused the material on record. We found the facts mentioned in the condonation petition and the affidavit are reasonable and accordingly condone the delay and admit the appeals. Since the Ld.CIT(A) has passed the ex-parte order and the assessee has to file evidences as envisaged by the LdAR. We Considering the principles of natural justice shall provide one more opportunity to the assessee to substantiate its case before the CIT(A) with evidences. The assessee should be provided adequate opportunity of hearing and shall cooperate in submitting the information for early disposal of the appeal and allow the grounds of appeal of the assessee for statistical purposes. & 4616/Mum/2018 M/s. Ambitions Flying Club Pvt ltd.,, Mumbai, - 3 - 4.In the result, the appeals filed by the assessee are allowed for statistical purposes.

Order pronounced in the open court on 08.04.2021

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