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Income Tax Appellate Tribunal, MUMBAI BENCHES “C”, MUMBAI
Before: Shri Joginder Singh & Shri Rajendra
आदेश / O R D E R Per Joginder Singh (Judicial Member) The assessee is aggrieved by the impugned order dated 12/09/2014 of the Ld. First Appellate Authority, Mumbai.
Though the assessee has raised many grounds with respect to addition of Rs.27,07,407/- representing the value of flat allotted free of cost to the assessee by cooperative housing society but during hearing the ld. counsel for the assessee, Shri K.R. Laxminarayanan, claimed that the assessment was framed u/s 144 r.w.s.
147 of the Act due to non-appearance of the assessee, however, the additional evidence filed before the Ld. Commissioner of Income Tax (Appeal) was not admitted causes substantial injustice to the assessee and the additional evidence goes to the root of the issue in hand. It was pleaded that the issue may be sent to the file of the ld. Assessing Officer/CIT(A) for fresh adjudication.
2.1. On the other hand, the ld. DR, Shri Ganesh Bare, contended that in spite of providing opportunities on various occasion, the assessee did not appear before the ld. Assessing Officer, therefore, the assessment was framed u/s 144 r.w.s 147 of the Act. It was pleaded that nothing prevented the assessee to furnish the evidence before the Assessing Officer. In reply, the ld. counsel explained that the additional evidence, filed before the Ld. Commissioner of Income Tax (Appeal) was not available to the assessee while framing the assessment by the Assessing Officer and was obtained at the later stage from cooperative society, therefore, could not be filed.
2.2. We have considered the rival submissions and perused the material available on record. In view of the assertions and without going into the merits of the appeal, in view of the principle of natural justice that no person should be condemned unheard, we are of the view that one more opportunity should be given to the assessee. The additional evidence filed before the Ld. Commissioner of Income Tax (Appeal), not admitted by him, is directed to be filed before the ld. Assessing Officer, who is directed to examine the factual matrix, claim of the assessee and after providing due opportunity to the assessee, shall decide the appeal of the assessee afresh in accordance with law, thus, the appeal of the assessee is allowed for statistical purposes only.
Finally, the appeal of the assessee is allowed for statistical purposes only.
This order was pronounced in the open in the presence of ld. representatives from both sides at the conclusion of the hearing on 25/05/2016.