ALARAM RAJURAM PRAJAPAT,THANE vs. ITO WD - 2(3), THANE

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ITA 5071/MUM/2018Status: DisposedITAT Mumbai17 September 2019AY 2009-103 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal decided to give the assessee another opportunity to be heard before the first appellate authority. The matter was remitted back to the CIT(A) for re-adjudication.

What were the facts?

The assessee's appeal for AY 2009-10 was against the confirmation of additions on account of alleged bogus purchases. The assessee did not appear before the CIT(A) and the additions were confirmed.

What were the issues?

Whether the assessee deserves another opportunity of hearing before the CIT(A) when they failed to appear in the previous proceedings.

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, “SMC” BENCH, MUMBAI

Before: HON’BLE SHRI MAHAVIR SINGH, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

For Respondent: Shri Akhtar H. Ansari-Ld.DR

आदेश / O R D E R

Per Bench: - 1. Aforesaid appeal by assessee for Assessment Year [in short referred to as AY] 2009-10 contest the order of Ld. Commissioner of Income-Tax (Appeals)-3, Nasik, (Camp office-Thane) [in short referred to as CIT(A)], Appeal No.33/16-17/NSK(Old 061/15-16/THN) dated 16/03/2017 qua

1.

Alaram Rajuram Prajapat Assessment Year 2009-10 confirmation of certain additions on account of alleged bogus purchases. None has appeared for assessee and no valid adjournment application is on record. Left with no option, we proceed to adjudicate the same after hearing Ld. DR who pleaded for dismissal of the appeal.

2.

Facts on record would reveal that the assessee being resident individual was assessed for impugned AY u/s. 143(3) r.w.s. 147 on 09/03/2015 wherein the assessee was saddled with addition of Rs.18.46 Lacs on account of alleged bogus purchases stated to be made from 2 entities. Although the assessee preferred further appeal, however, the assessee did not attend the appellate proceedings and accordingly, the additions were confirmed. Aggrieved, the assessee is under appeal before us.

3.

Considering the entirety of facts and circumstances and keeping in view the fact that the assessee is an individual, the bench formed an opinion that the assessee deserve another opportunity of hearing before first appellate authority. Accordingly, the matter stand remitted back to the file of Ld.CIT(A) to re-adjudicate the same after providing another opportunity of hearing to the assessee, who, in turn, is directed to substantiate his stand.

Alaram Rajuram Prajapat Assessment Year 2009-10 4. The appeal may be treated as allowed for statistical purposes.

Order pronounced in the open court on 17th September, 2019.

Sd/- Sd/- (Mahavir Singh) (Manoj Kumar Aggarwal) �ाियक सद� / Judicial Member लेखा सद� / Accountant Member मुंबई Mumbai; िदनांकDated : 17/09/2019 Sr.PS:-Jaisy Varghese आदेश की �ितिलिप अ�ेिषत/Copy of the Order forwarded to : अपीलाथ�/ The Appellant 1. ��थ�/ The Respondent 2. आयकरआयु�(अपील) / The CIT(A) 3. आयकरआयु�/ CIT– concerned 4. िवभागीय�ितिनिध, आयकरअपीलीयअिधकरण, मुंबई/ DR, ITAT, Mumbai 5. गाड�फाईल / Guard File 6.

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