LIZ INVESTMENTS P.LTD,MUMBAI vs. DCIT 1(2), MUMBAI

The present appeal has been preferred by the assessee against the order dated 04.01.2013 of the Commissioner of Income Tax (Appeals) [hereinafter referred to as the CIT(A)] relevant to assessment year 2005-06.

The assessee is aggrieved by the disallowance of the business expenses of Rs.15,66,245/- by the lower authorities. At the outset, the Ld. A.R. of the assessee has stated that the assessee had furnished the necessary details and detailed submissions regarding the above claim of expenditure. He has further brought our attention to the fact that the assessee had filed written submissions before the Ld. CIT(A) dated 12.12.12. However, as desired by the Ld. CIT(A), the further necessary details and submissions were filed by the assessee before the Ld. CIT(A) on 14.12.12. However, while passing the impugned order the Ld. CIT(A) totally overlooked the submissions dated 14.12.12 filed by the 2 M/s. Liz Investments Pvt. Ltd. assessee. He, therefore, has stated that the matter be restored to the Ld. CIT(A) to pass the order afresh after going through the submissions dated 14.12.12 of the assessee.

The Ld. D.R. has also not objected to the same.

In view of this, the impugned order of the Ld. CIT(A) is hereby set aside and the matter is restored to the file of the Ld. CIT(A) to decide the appeal afresh after duly considering the necessary submissions dated 14.12.12 and as may be advanced by the assessee during the course of arguments.

With the above observations, the appeal of the assessee is hereby treated as partly allowed for statistical purposes.