NITI DESAI - LEGAL HEIR OF LATE HIRALAL G. DESAI,MUMBAI vs. ITO - 16(2)(4), MUMBAI

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ITA 5746/MUM/2018Status: DisposedITAT Mumbai11 March 2021AY 2009-102 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the impugned order and restored the matter to the file of the CIT(A). The assessee is granted another opportunity to present its case before the CIT(A).

What were the facts?

The assessee contested a disallowance of depreciation of Rs. 2.34 Lacs. The assessee failed to attend appellate proceedings before the CIT(A), and the decision was made based on written submissions.

What were the issues?

Whether the assessee was provided with adequate opportunity to be heard before the CIT(A) and whether the disallowance of depreciation was justified.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, MUMBAI

Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI RAVISH SOOD, JM

For Appellant: Shri Hiten Vasant-Ld. AR
For Respondent: Shri Tharian Oommen-Ld.Sr.DR

Per Manoj Kumar Aggarwal (Accountant Member)

1.

By way of this appeal, the assessee contest disallowance of depreciation of Rs.2.34 Lacs as made by Ld. AO while framing an assessment u/s 143(3) r.w.s. 147 on 23/12/2016. The disallowance, upon confirmation by learned first appellate authority, is under challenge before us.

2.

Upon perusal of impugned order, it is noted that the assessee failed to attend appellate proceedings and the adjudication was done on the basis of written submissions filed by the assessee. The Ld. AR pleaded for another opportunity of hearing before Ld. CIT(A). The Ld. DR, on the other hand, pleaded for confirmation of appellate order. 3. Keeping in view the principle of natural justice, the bench deems it fit to provide another opportunity to the assessee to substantiate its case before learned first appellate authority. Therefore, impugned order is set- aside and restored back to the file of Ld. CIT(A) for re-adjudication after providing another opportunity of hearing to the assessee. The assessee, in turn, is directed to substantiate its claim failing which Ld. CIT(A) shall be at liberty to proceed with adjudication on the basis of material on record. 4. The appeal stands allowed for statistical purpose. Order pronounced in the open court on 11th March, 2021. Sd/- Sd/- (Ravish Sood) (Manoj Kumar Aggarwal) �ाियक सद� / Judicial Member लेखा सद� / Accountant Member मुंबई Mumbai; िदनांक Dated : 11/03/2021 Sr.PS, Jaisy Varghese आदेशकी�ितिलिपअ�ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/ The Appellant 2. ��थ�/ The Respondent 3. आयकरआयु�(अपील) / The CIT(A) 4. आयकरआयु�/ CIT– concerned 5. िवभागीय�ितिनिध, आयकरअपीलीयअिधकरण, मुंबई/ DR, ITAT, Mumbai 6. गाड�फाईल / Guard File आदेशानुसार/ BY ORDER,

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