OCEANIC TRADE MINERALS PRIVATE LIMITED,MUMBAI vs. CPC, BENGALURU, BENGALURU

IN THE INCOME TAX APPELLATE TRIBUNAL "C" BENCH, MUMBAI

BEFORE SHRI OM PRAKASH KANT, ACCOUNTANT MEMBER SHRI SANDEEP SINGH KARHAIL, JUDICIAL MEMBER

ITA No. 4255/MUM/2024

(Assessment Year : 2021–22)

Oceanic Trade Minerals Pvt. Ltd.

1207, Remi Commercio Off Veera Desai Road, Shah Industry Estate, Andheri, Mumbai - 400058 PAN: AACCO9091J

v/s

DCIT,

Circle-2(3)(1),

Mumbai, ……………. Respondent

……………. Appellant

Assessee by : Shri Mani Jain

Revenue by : Shri Krishnakumar (Sr.DR)

Date of Hearing – 01/10/2024 Date of Order 16/10/2024

O R D E R

PER SANDEEP SINGH KARHAIL, J.M.

The present appeal has been filed by the assessee challenging the impugned order dated 20/06/2024passed under section 250 of the Income Tax Act, 1961 ("the Act") by the learned Addl./Joint Commissioner of Income Tax (Appeals)-1, Gurugram ["learned Addl./Joint CIT(A)"], for the Assessment Year 2021-22.

- 3. In this appeal, the assessee has raised the following grounds: - "1. On the facts and circumstance of the case and in law, ld. CIT(A) erred in passing an ex-parte order without giving reasonable opportunity of being heard. - 2. On the facts and circumstance of the case and in law, ld. CIT(A) erred in confirming the action of ld.AO in denying the claim of concessional tax u/s 115BAA, ignoring the fact that the appellant has duly filed Form 10-IC. - 3. On the facts and circumstance of the case and in law, ld. CIT(A) erred in confirming the action of Id.AO in calculating the tax liability @30% instead of tax rate @22% as specified u/s 115BAA of the Act which has been duly claimed in the return of income, without affording any opportunity to the appellant in the intimation provided u/s 143(1)(a). - 4. The Appellant craves leaves to alter, amend, withdraw or substitute any ground or grounds or to add any new ground or grounds of appeal on or before the hearing." - 4. During the hearing, the learned Authorised Representative ("learned AR"), at the outset, submitted that the learned Addl./Joint CIT(A) vide impugned order dismissed the appeal filed by the assessee without giving reasonable opportunity of hearing to the assessee. The learned AR submitted that on 02/04/2024 the learned CIT(A) issued a notice directing the assessee to file written submissions, which was responded to by the assessee and time was sought as certain details and clarification were yet to be received and compiled. It was submitted that thereafter the Addl./Joint CIT(A) issued three notices within a short span of less than two months, and dismissed the appeal filed by the assessee in the absence of any response from the assessee. - 5. Having considered the submissions and perused the material available on record, it is evident that the learned CIT(A) has passed the order exparte. Now in appeal before us, the assessee is duly represented by the learned AR and wishes to pursue the litigation against the addition made by