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Income Tax Appellate Tribunal, “E” Bench, Mumbai
Before: Shri B.R. Baskaran (AM)& Shri Pawan Singh (JM)
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.
None appeared on behalf of the assessee even though notice of hearing was sent by registered post on earlier occasion.
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.
In the result, appeal filed by the assessee is allowed for statistical purposes.
Order has been pronounced in the Court on 16.1.2017.