TAURAS VIDEO SERVICES P.LTD,MUMBAI vs. ACIT 11(1), MUMBAI

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ITA 4035/MUM/2014Status: DisposedITAT Mumbai16 January 2017AY 2009-103 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the assessee's grievance regarding the incorrect electronic filing of total income was not examined by the lower authorities. If the assessee's claim is correct, the CIT(A)'s reasoning for dismissal would be invalid.

What were the facts?

The assessee's appeal was dismissed by the CIT(A) for non-payment of tax on returned income. The assessee claimed a significant error in electronically filing the total income, which was much higher than the declared profit.

What were the issues?

Whether the CIT(A) was justified in dismissing the appeal in limine without examining the assessee's claim of a clerical error in electronically filing the total income.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “E” Bench, Mumbai

Before: Shri B.R. Baskaran (AM)& Shri Pawan Singh (JM)

For Respondent: Shri B.S. Bist
Hearing: 16.1.2017Pronounced: 16.1.2017

O R D E R Per B.R. Baskaran (AM) :-

The appeal filed by the assessee is directed against the order dated 27.3.2014 passed by the learned CIT(A)-3, Mumbai and it relates to A.Y. 2009- 10.

2.

None appeared on behalf of the assessee even though notice of hearing was sent by registered post on earlier occasion.

3.

We heard learned Departmental Representative and perused the record. We noticed that the learned CIT(A) has dismissed the appeal in limine on the reasoning that the assessee did not pay tax due on the returned income. However, from perusal of the grounds of appeal urged before the learned CIT(A), we noticed that the assessee has claimed to have declared a profit of ` 1,70,608/- in the profit and loss account and the same was declared as total income also. It is further claimed that, at the time of filing the return of 2 M/s. Taurus Video Services Private Limited income electronically, the total income was wrongly entered as ` 1,00,73,594/- . We noticed that the Assessing Officer has computed the total income by taking profit of the assessee as ` 1,00,73,594/-. We noticed that the main grievance of the assessee is that total income was wrongly filled up while filing the return of income electronically. Accordingly it was claimed that there is no default in paying tax on the income declared in the total income, if the above said mistake is corrected. We notice that this claim of the assessee has not been examined by both the tax authorities. If the same is found to be correct, then the reasoning given by the Ld CIT(A) to dismiss the appeal of the assessee would fail.

4. Since the grievance of the assessee requires verification of factual aspects, we are of the view that the same requires fresh examination at the end of the Assessing Officer. Accordingly, we set aside the order passed by the learned CIT(A) and restore the issues to the file of the Assessing Officer with the direction to examine them afresh after providing adequate opportunity to the assessee and decide them in accordance with law.

5.

In the result, appeal filed by the assessee is allowed for statistical purposes.

Order has been pronounced in the Court on 16.1.2017.

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